MATTER OF BERG v. GERBER


78 A.D.2d 888 (1980)

In the Matter of Alfred Berg, Appellant-Respondent, v. George S. Gerber, as Supervisor of The Town of Clarkstown, et al., Respondents-Appellants

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

November 17, 1980


Judgment reversed, on the law and on the facts, without costs or disbursements, and proceeding dismissed on the merits.

It was error for the trial court to award petitioner salary for one year while at the same time finding that he had no right to reinstatement as a permanent civil service employee, which he claimed to be. This matter was once before presented to us and at that time we directed that a hearing be held to clarify the nature of petitioner's appointment...

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