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CROMER v. COUNTY OF NASSAU

54 N.Y.2d 927 (1981)

Charles Cromer et al., Appellants, v. County of Nassau, Respondent.

Court of Appeals of the State of New York.

Decided October 20, 1981.

Attorney(s) appearing for the Case

Barry J. Peek and Richard M. Gaba for appellants.

Edward G. McCabe, County Attorney (Robert O. Boyhan of counsel), for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum; Judges JASEN and GABRIELLI dissent and vote to affirm for reasons stated in the memorandum at the Appellate Division ().

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to the Appellate Division, Second Department, for further proceedings in accordance with this memorandum.

We agree with the Appellate Division that the action was not time-barred. The court, however, improperly determined that individuals formerly employed by the County of Nassau in positions funded under the Emergency...

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