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MILLER v. NASSAU COUNTY CIVIL SERVICE COMMISSION

2009-05866.

85 A.D.3d 745 (2011)

924 N.Y.S.2d 854

2011 NY Slip Op 5032

ROBERTA MILLER, Appellant-Respondent, v. NASSAU COUNTY CIVIL SERVICE COMMISSION et al., Respondents-Appellants.

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

Decided June 7, 2011.

Ordered that on the Court's own motion, the plaintiff's notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the law, and that branch of the defendants' motion which was pursuant to CPLR 4401 for judgment as a matter...

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