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MATTER OF GILLEN v. SMITHTOWN LIBRARY BOARD OF TRUSTEES

94 N.Y.2d 776 (1999)

721 N.E.2d 945

699 N.Y.S.2d 695

In the Matter of THOMAS G. GILLEN, Appellant, v. SMITHTOWN LIBRARY BOARD OF TRUSTEES et al., Respondents.

Court of Appeals of the State of New York.

Decided October 19, 1999.

Attorney(s) appearing for the Case

Hamburger Maxson & Yaffe, L. L. P., Melville (Richard Hamburger, David N. Yaffe and David H. Pearl of counsel), for appellant.

Perini & Hoerger, Hauppauge (Maureen S. Hoerger of counsel), for respondents.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Petitioner commenced a CPLR article 78 proceeding challenging, after a hearing, the Library's Board of Trustees' determination of misconduct and termination of employment. On transfer from Supreme Court, the Appellate Division dismissed four of the charges, annulled the penalty, and remanded the matter ...

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