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De Marco v. McLaughlin

Court of Appeals of the State of New York
Apr 22, 1980
49 N.Y.2d 941 (N.Y. 1980)

Opinion

Argued March 20, 1980

Decided April 22, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE D. BURCHELL, J.

Martin A. Schwartz and Eileen R. Kaufman for appellant. Lawrence T. D'Aloise, Jr., for respondents.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The issue presented in petitioner's article 78 proceeding was one of law on which the dissenting Judge disagreed. The appeal is, therefore, properly before us (CPLR 5601, subd [a], par [i]).

On the merits, there was evidence to support the determination of the courts below that petitioner's resignation was voluntary and that the refusal of the city manager to reinstate him was not arbitrary or capricious.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Order affirmed.


Summaries of

De Marco v. McLaughlin

Court of Appeals of the State of New York
Apr 22, 1980
49 N.Y.2d 941 (N.Y. 1980)
Case details for

De Marco v. McLaughlin

Case Details

Full title:In the Matter of RALPH L. DE MARCO, Appellant, v. CHARLES G. McLAUGHLIN…

Court:Court of Appeals of the State of New York

Date published: Apr 22, 1980

Citations

49 N.Y.2d 941 (N.Y. 1980)
428 N.Y.S.2d 624
406 N.E.2d 441

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