Legal Opinion

Mitchell v. Yates County Sheriff's Department

New York Supreme Court

Decided August 4, 1977PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Robert H. Wagner, J.

This is a motion, pursuant to CPLR 7804 (subd [f]) by the respondents, Yates County Sheriff, George F. Spike, and the County of Yates, to dismiss an article 78 proceeding brought by the petitioner, Gene M. Mitchell.

The petitioner, Gene Mitchell, was appointed as a Deputy sheriff on April 14, 1973. On December 27, 1976 he was orally notified by the respondent Sheriff that he would be terminated as of December 31, 1976 due to a budget cut promulgated by the County of Yates. After receiving the notification of termination, the petitioner filed a grievance…

2Cases cited15 opinions

  1. Board of Education v. Yonkers Federation of TeachersNew York Court of Appeals · 1976
  2. Matter of Flaherty v. . MillikenNew York Court of Appeals · 1908
  3. Burke v. BowenNew York Court of Appeals · 1976
  4. Amico v. Erie County LegislatureAppellate Division of the Supreme Court of the State of New York · 1971
  5. Sirles v. CordaryAppellate Division of the Supreme Court of the State of New York · 1975

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3Cited by2 opinions

  1. New York State AFL-CIO v. StimmelNew York Supreme Court · 1980
  2. Puka v. GrecoNew York Supreme Court · 1983

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