MATTER OF JOHNSTON v. TOWN OF EVANS


125 A.D.2d 952 (1986)

In the Matter of Gary A. Johnston et al., Petitioners, and Elmar Kiefer et al., Respondents, v. Town of Evans et al., Appellants

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

December 19, 1986


Judgment, insofar as appealed from, unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: Respondents appeal from that part of a CPLR article 78 judgment which reinstated petitioners Kiefer, Forge and Zoda, with back pay, to their former competitive civil service positions with the Town of Evans. Respondents, a new Democratic majority, abolished petitioners' positions by resolution at their organizational...

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