MATTER OF KELLY v. EVANS


294 A.D.2d 924 (2002)

741 N.Y.S.2d 637

In the Matter of TIMOTHY KELLY, Appellant, v. DWIGHT EVANS, Individually and as Mayor of City of Sherrill, 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 reversed on the law without costs, the petition is granted and the matter is remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following Memorandum: Petitioner accepted a provisional appointment to the position of chief of police for respondent City of Sherrill (City) in May 1999. Respondents made the position permanent in June 2000, after petitioner...

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