Legal Opinion
Basher v. Town of Evans
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 1985No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously reversed, on the law, without costs, and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: On this appeal from a judgment granting the CPLR article 78 petition of Basher and Austin, which, inter alia, reinstated them to their former posts as clerks to the Evans Town Justices, we find that the issue of whether the discharge of petitioners was politically motivated in violation of petitioners’ constitutional rights is a sharply disputed issue of fact (see, Elrod v Burns, 427 US 347; Matter of McBride v…
2Cases cited3 opinions
- Elrod v. BurnsSupreme Court of the United States · 1976
- Gill v. Dutchess County Board of Cooperative Educational ServicesAppellate Division of the Supreme Court of the State of New York · 1984
- McBride v. GriffinAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by5 opinions
- Mount Pleasant Cottage School Union Free School District v. SobolAppellate Division of the Supreme Court of the State of New York · 1990
- Hellner v. Board of Education of Wilson Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Archer v. Town of WheatfieldAppellate Division of the Supreme Court of the State of New York · 2002
- Sarva v. Tura AssociatesAppellate Division of the Supreme Court of the State of New York · 1994
- Wright v. Town Board of the Town of TiconderogaAppellate Division of the Supreme Court of the State of New York · 1991