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ROHAN v. BARTLETT

69 A.D.2d 712 (1979)

Joseph F. Rohan, Respondent, v. Richard J. Bartlett, as New York State Administrative Judge, et al., Appellants

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

August 13, 1979

Attorney(s) appearing for the Case

Michael R. Juviler (Marjorie Weinberg Rooney and Michael Colodner of counsel), for appellants.

Donovan & Donovan (Francis J. Donovan and Joseph D. Donovan of counsel), for respondent.

MARTUSCELLO and MANGANO, JJ., concur with SHAPIRO, J.; TITONE, J. P., dissents and votes to affirm the judgment, with an opinion.

SHAPIRO, J.

In a proceeding pursuant to CPLR article 78 the New York State and the Nassau County Administrative Judges appeal from a judgment directing them to restore petitioner to the position of confidential attendant and to pay him the appropriate salary retroactive to January 1, 1978, less the amount of earnings, if any, he received from that date. We reverse and dismiss the proceeding.

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