MTR. OF WINKLER v. MOORE


110 Misc.2d 785 (1981)

In the Matter of Michael H. Winkler, Petitioner, v. Margaret B. Moore, as Supervisor of the Town of Niskayuna, et al., Respondents.

Supreme Court, Special Term, Schenectady County.

September 17, 1981


Attorney(s) appearing for the Case

Gibbons & Burke, P. C. (J. William Burke of counsel), for petitioner. Paul L. Ryan for respondents.


DOMINICK J. VISCARDI, J.

The petitioner seeks a judgment declaring that the discharge of the petitioner was arbitrary and capricious and reinstating the petitioner to his former position with permanent status.

The petitioner was appointed assistant building inspector by the Town of Niskayuna on February 7, 1980 as a provisional employee. An examination for the position was conducted on June 21, 1980. The petitioner avers that he was one of two...

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