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MATTER OF MCGINIGLE v. TOWN OF GREENBURGH

48 N.Y.2d 949 (1979)

In the Matter of Nelson McGinigle, Respondent, v. Town of Greenburgh et al., Appellants.

Court of Appeals of the State of New York.

Decided December 17, 1979.

Attorney(s) appearing for the Case

Joel H. Sachs, Town Attorney (Ruth E. Roth and Steven J. Mignano of counsel), for appellants.

James M. Rose, Arthur H. Grae and Natasha H. Rose for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the original determination of the town board reinstated.

There is ample evidence in the record to sustain the determination of the town board finding respondent town employee guilty of each of the three charges preferred against him, to wit: that in the course of an altercation on July 25, 1974 he inflicted serious bodily injury on...

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