Legal Opinion

Smith v. Mac Murray

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

Decided April 26, 1976PublishedCited by 5 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 inter alia to compel reinstatement of petitioners to the position of Building Inspector III, in which respondents cross-moved to dismiss the proceeding, petitioners appeal from a judgment of the Supreme Court, Nassau County, entered November 13, 1975, which, inter alia, dismissed their petition. Judgment reversed, on the law, with $50 costs and disbursements, petition granted, *638cross motion denied, and respondents are directed to reinstate petitioners, with back pay, less the amount of compensation earned in any other employment or occupation and any…

2Cases cited4 opinions

  1. Matter of Wipfler v. KlebesNew York Court of Appeals · 1940
  2. Baron v. MackrethAppellate Division of the Supreme Court of the State of New York · 1968
  3. MATTER OF BARON v. MacKrethNew York Court of Appeals · 1970
  4. Matter of Folkes v. HushionNew York Court of Appeals · 1940

3Cited by5 opinions

  1. Hartman v. Erie 1 Boces Board of EducationAppellate Division of the Supreme Court of the State of New York · 1994
  2. O'Donnell v. KirbyAppellate Division of the Supreme Court of the State of New York · 1985
  3. Rosenthal v. GilroyAppellate Division of the Supreme Court of the State of New York · 1994
  4. Turner v. BerleAppellate Division of the Supreme Court of the State of New York · 1978
  5. Baes v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 1980

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