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CITY OF BINGHAMTON v. WHALEN

521865.

141 A.D.3d 145 (2016)

32 N.Y.S.3d 727

2016 NY Slip Op 04289

CITY OF BINGHAMTON, Appellant, v. JOHN C. WHALEN, Respondent.

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

Decided June 2, 2016.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC, Garden City ( Howard M. Miller of counsel), and Kenneth J. Frank , Corporation Counsel, Binghamton, for appellant.

Richard J. Grace , Binghamton, for respondent.

LAHTINEN, EGAN JR., DEVINE and MULVEY, JJ., concur.

OPINION OF THE COURT

Appeal from that part of an order of the Supreme Court (Burns, J.), entered June 29, 2015 in Broome County, which partially denied plaintiff's motion for summary judgment.

Defendant was formerly employed by plaintiff as the Director of Parks and Recreation and, in that capacity, was entrusted with...

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