Carroll v. County of Putnam

—In a proceeding pursuant to CPLR article 78 to review a determination of the Putnam County Department of Highways & Facilities, dated August 28, 1998, which, after a hearing, found that the petitioner was not physically or mentally fit to perform his *444duties and placed him on an involuntary leave of absence, the petitioner appeals from so much of an order and judgment (one paper) of the Supreme Court, Putnam County (Braatz, J.), dated February 3, 1999, as granted that branch of the respondent’s motion which was to dismiss the fifth cause of action based on Executive Law § 296 for failure to…