Bello v. Roswell Park Cancer Institute

Appeal and cross appeal from an amended judgment of the Supreme Court, Erie County (John A. Michalek, J.), entered September 26, 2003 in a proceeding pursuant to CPLR article 78. The amended judgment, inter alia, granted the petition for reinstatement of petitioners to their reclassified positions and awarded them back pay.

It is hereby ordered that the amended judgment so appealed from be and the same hereby is unanimously modified on the law by vacating those parts reinstating petitioners retroactively either to the reclassification date or to the original date of hire and providing that…