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O'DONNELL v. FERGUSON

CA 12-00466.

100 A.D.3d 1534 (2012)

954 N.Y.S.2d 356

JOHN O'DONNELL, Appellant, v. ROBERT FERGUSON, Individually and as Chief of Police of Town of Evans, et al., Respondents.

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

November 16, 2012.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion seeking to preclude plaintiff from offering evidence that, after this Court's determination in Matter of O'Donnell v Ferguson (273 A.D.2d 905, 906 [2000], lv denied 96 N.Y.2d 701 [2001]) that plaintiff was not a part-time employee, defendants made statements and engaged in conduct that was inconsistent...

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