MATTER OF STEARNS v. MARIANI


294 A.D.2d 808 (2002)

741 N.Y.S.2d 357

In the Matter of GERALD STEARNS et al., Appellants, v. WILLIAM MARIANI, as President of Erie Community College, et al., Respondents.

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

Decided May 3, 2002.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting the petition in part, awarding petitioners damages from May 26, 2000 to August 31, 2000 based on their unlawful dismissals, and ordering that petitioner Gerald Stearns be permitted to "bump into" the position of Senior Building Guard effective May 29, 2000, and awarding him damages based on the failure to do so and as modified the judgment is affirmed...

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