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ECONOMICO v. VIL. OF PELHAM

67 A.D.2d 272 (1979)

In the Matter of Leonard Economico, Respondent-Appellant, v. Village of Pelham, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 9, 1979

Attorney(s) appearing for the Case

Murray Steyer (Marvin S. Fink of counsel), for appellant-respondent.

Frederick J. Adler for respondent-appellant.

DAMIANI and RABIN, JJ., concur with O'CONNOR, J.; HOPKINS, J. P., dissents and votes to affirm the judgment, with an opinion, in which TITONE, J., concurs.

O'CONNOR, J.

The primary question presented by this appeal is whether it was a denial of due process for the Village of Pelham to dismiss petitioner pursuant to section 73 of the Civil Service Law, without a hearing, after he had been continuously absent from his position for a period in excess of 18 months as a result of a nonservice related disability. A secondary issue is whether the collective bargaining...

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