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MTR OF LAZZARI v. TOWN

No. 189.

20 N.Y.3d 214 (2012)

981 N.E.2d 777

958 N.Y.S.2d 76

2012 NY Slip Op 8052

In the Matter of RICHARD LAZZARI, Respondent, v. TOWN OF EASTCHESTER et al., Appellants, and PAULA REDD ZEMAN, as Commissioner of the Westchester County Department of Human Resources, et al., Respondents.

Court of Appeals of New York.

Decided November 27, 2012.

Attorney(s) appearing for the Case

Law Office of Vincent Toomey, Lake Success ( Vincent Toomey and Christine A. Gaeta of counsel), for appellants.

James M. Rose , White Plains, for Richard Lazzari, respondent.

Robert F. Meehan , County Attorney, White Plains ( Thomas G. Gardiner and James Castro-Blanco of counsel), for Paula Redd Zeman and another, respondents.

John A. Mancini , Albany, for New York State Conference of Mayors and Municipal Officials, amicus curiae.

Judges CIPARICK, GRAFFEO, READ and SMITH concur with Chief Judge LIPPMAN; Judge PIGOTT dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The Town of Eastchester and Westchester County have squabbled in and out of court for five years over whether the County's Department of Human Resources was required to provide the Town with documentation of an employee's fitness to resume work before the Town reinstated him to his position under Civil Service Law § 71. Without condoning the County's conduct in this...

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