Legal Opinion

Torpey v. Town of Colonie

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

Decided June 6, 2013Published

1Opinion of the CourtSpain, J.

Appeal from an order of the Supreme Court (Mc-Donough, J.), entered July 6, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied petitioners’ motion to resettle and/or clarify a prior judgment.

In April 2011, petitioners were terminated from their long-term employment with respondent Town of Colonie as fire protection specialist and civil engineer on the ground that they were public officers who were required to but did not meet the residency requirement of the Public Officers Law, relying upon our decision in Matter of Ricket v Mahan (82 AD3d 1565 [2011]).…

2Cases cited12 opinions

  1. Kiker v. Nassau CountyNew York Court of Appeals · 1995
  2. Gannon v. Johnson Scale Co.Appellate Division of the Supreme Court of the State of New York · 1993
  3. Elson v. DefrenAppellate Division of the Supreme Court of the State of New York · 2001
  4. Owens v. StuartAppellate Division of the Supreme Court of the State of New York · 2002
  5. Miller v. LanziseraAppellate Division of the Supreme Court of the State of New York · 2000

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