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MITCHELL v. TOWN BD. OF THE TOWN OF NEW WINDSOR

97 A.D.2d 500 (1983)

Thomas F. Mitchell, Jr., Appellant-Respondent, v. Town Board of the Town of New Windsor, Respondent-Appellant

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

October 24, 1983

Order reversed, on the law, with costs to respondent-appellant, cross motion granted, and proceeding dismissed on the merits. The facts are undisputed.

Petitioner was provisionally appointed to the position of Chief of Police of the Town of New Windsor, a competitive civil service position, on April 1, 1982. On September 1, 1982, the town board dismissed him. Before his termination, petitioner was given two opportunities...

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