Fry v. Village of Tarrytown

89 N.Y.2d 714 (1997)

680 N.E.2d 578

658 N.Y.S.2d 205

In the Matter of Mark Fry, Appellant,

v.

Village of Tarrytown et al., Respondents.

Court of Appeals of the State of New York.

Argued February 6, 1997

Decided March 27, 1997.

Chadbourne, O'Neill, Thomson, Whalen & Fitzgerald, North Tarrytown (Dennis M. Fitzgerald of counsel), for appellant.

Jeffrey S. Shumejda, North Tarrytown, for respondents.

Chief Judge KAYE and Judges TITONE, LEVINE and WESLEY concur with Judge CIPARICK; Judge SMITH dissents and votes to affirm in a separate opinion in which Judge BELLACOSA concurs.

CIPARICK, J.

Petitioner failed to…