Berg v. Gerber

In a proceeding pursuant to CPLR article 78 to compel the reinstatement of petitioner-respondent to his position of town engineer, with back pay, the appeal is from a judgment of the Supreme Court, Rockland County, dated March 31, 1977, which granted the application. Judgment reversed, on the law, without costs or disbursements, and proceeding remanded to Special Term for the purpose of conducting an evidentiary hearing consistent herewith with regard to the nature of petitioner’s appointment. Petitioner received a provisional appointment to the position of town engineer effective as of June…