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MATTER OF BASHER v. TOWN OF EVANS

112 A.D.2d 4 (1985)

In the Matter of Karen W. Basher et al., Respondents, v. Town of Evans et al., Appellants, and Mark W. Hamberger et al., as Town Justices of The Town of Evans, Respondents. (Appeal No. 1.)

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

June 4, 1985

Judgment unanimously reversed, on the law, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum:

On this appeal from a judgment granting the CPLR article 78 petition of Basher and Austin, which, inter alia, reinstated them to their former posts as clerks to the Evans Town Justices, we find that the issue of whether the discharge of petitioners was politically motivated in violation...

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