Kelly v. Evans

—Appeal from a judgment (denominated order) of Supreme Court, Oneida County (Shaheen, J.), entered October 23, 2001, which dismissed the CPLR article 78 petition seeking, inter alia, petitioner’s reinstatement to the position of chief of police.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the petition is granted and the matter is remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following Memorandum: Petitioner accepted a provisional appointment to the position of chief…