Paese v. Pilla

Appellate Division of the Supreme Court of New York

Paese v. Pilla

59 A.D.2d 701, 398 N.Y.S.2d 174, 1977 N.Y. App. Div. LEXIS 13648

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 3, 1977

StatusPublished

Cited by4 cases

This text of 59 A.D.2d 701 (Paese v. Pilla) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Paese v. Pilla, 59 A.D.2d 701, 398 N.Y.S.2d 174, 1977 N.Y. App. Div. LEXIS 13648 (N.Y. Ct. App. 1977).

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Opinion

In a proceeding pursuant to CPLR article 78 to compel respondents to reinstate petitioner to the position of village engineer, which position had been abolished, petitioner appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated January 20, 1977, which, inter alia, granted respondents’ motion to dismiss the petition and dismissed the proceeding. Order and judgment reversed, on the law, with $50 costs and disbursements, petition reinstated, and proceeding remitted to the Special Term for a hearing in accordance herewith. The respondent board of trustees had a right to abolish the position of village engineer if it acted in good faith. However, the prior actions of the board towards the petitioner-appellant require that a full hearing be held to determine if it did act in good faith in abolishing the position for economic reasons. Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel respondents to reinstate petitioner to the position of village engineer, which position had been abolished, petitioner appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated January 20, 1977, which, inter alia, granted respondents’ motion to dismiss the petition and dismissed the proceeding. Order and judgment reversed, on the law, with $50 costs and disbursements, petition reinstated, and proceeding remitted to the Special Term for a hearing in accordance herewith. The respondent board of trustees had a right to abolish the position of village engineer if it acted in good faith. However, the prior actions of the board towards the petitioner-appellant require that a full hearing be held to determine if it did act in good faith in abolishing the position for economic reasons. Damiani, J. P., Shapiro, Mollen and O’Connor, JJ., concur.

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Bluebook (online)

59 A.D.2d 701, 398 N.Y.S.2d 174, 1977 N.Y. App. Div. LEXIS 13648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paese-v-pilla-nyappdiv-1977.

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