Legal Opinion

Matter of O'Brien v. Yugartis

Appellate Division of the Supreme Court of the State of New York

Decided May 11, 2017No. 523138PublishedCited by 1 opinion

1Opinion of the CourtAarons, J.

Appeal from that part of a judgment of the Supreme Court (Main Jr., J.), entered March 9, 2016 in St. Lawrence County, which, in a combined proceeding pursuant to CPLR article 78 and an action for declaratory judgment, partially granted petitioner’s motion for summary judgment, reinstated petitioner to his former position of full-time Code Enforcement Officer and awarded him back wages.

Respondent Village of Potsdam employed petitioner as a part-time Code Enforcement Officer (hereinafter CEO). On May 30, 2011, petitioner took on the role of full-time CEO, but he was subsequently terminated…

2Cases cited6 opinions

  1. York v. McGuireNew York Court of Appeals · 1984
  2. Higgins v. La PagliaAppellate Division of the Supreme Court of the State of New York · 2001
  3. Colao v. Village of EllenvilleAppellate Division of the Supreme Court of the State of New York · 1996
  4. In re Weir v. State of New York Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
  5. Matter of Hanson v. CrandellAppellate Division of the Supreme Court of the State of New York · 2016

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3Cited by1 opinion

  1. B&A Realty Mgt., LLC v. GloriaAppellate Division of the Supreme Court of the State of New York · 2021

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