MATTER OF SARTO v. WHITTEMORE


43 A.D.3d 1343 (2007)

842 N.Y.S.2d 797

In the Matter of JAMES V. SARTO, Appellant, v. JEFFREY A. WHITTEMORE, as Personnel Officer, Herkimer County Personnel Department, et al., Respondents.

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

Decided September 28, 2007.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law with costs, the petition is reinstated and the matter is remitted to respondents for further proceedings in accordance with the following memorandum: Petitioner commenced this CPLR article 78 proceeding seeking, inter alia, reinstatement to his position as a motor equipment operator with the City of Little Falls. Petitioner had sustained a work-related injury...

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