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BRAZZALE v. DUTCHESS COUNTY

188 Misc.2d 520 (2001)

729 N.Y.S.2d 238

GEORGE M. BRAZZALE, Respondent, v. COUNTY OF DUTCHESS, Appellant.

Supreme Court, Appellate Term, Second Department.

May 3, 2001.

Attorney(s) appearing for the Case

Ian G. MacDonald, County Attorney of Dutchess County, Poughkeepsie (Keith P. Byron of counsel), for appellant.

Gellert & Cutler, P. C., Poughkeepsie (David R. Wise of counsel), for respondent.

FLOYD, P. J., COLABELLA and COPPOLA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment unanimously affirmed without costs.

The subject of this appeal is the interpretation of the word "retire" within the agreement being sued upon. Webster's Third New International Dictionary defines "retire" as "to withdraw from office, public station, business, occupation or active duty." In our view, it cannot be reasonably argued that the word "retire" in the...

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