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IN THE MATTER OF KOPF v. NULTY

26 A.D.3d 380 (2006)

808 N.Y.S.2d 557

In the Matter of LORRAINE W. KOPF, Appellant, v. KEVIN A. NULTY et al., Respondents. DONALD BUTTERWORTH, Nonparty.

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

February 14, 2006.

Ordered that the judgment is affirmed, with costs.

The Town Board's determination to appoint someone other than the petitioner to the position of police lieutenant was not arbitrary and capricious and had a rational basis (see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222

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