MATTER OF STORK v. BD. OF TRS. OF THE VILL. OF MEDINA


179 A.D.2d 1058 (1992)

In the Matter of Dell Stork, Appellant, v. Board of Trustees of the Village of Medina, Respondent. (Appeal No. 1.)

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

January 31, 1992


Judgment unanimously reversed on the law with costs and petition granted in part, in accordance with the following Memorandum: Supreme Court erred in dismissing the petition in which petitioner sought reinstatement to his position as Fire Chief of the Village of Medina. We first note that the proceeding was timely commenced within four months after petitioner's request for reinstatement was denied (see, CPLR 217; Matter of De Milio v Borghard,

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