Perfetto v. Cemetery Board

*212OPINION OF THE COURT

Edith Miller, J.

This is an application by petitioner for a judgment, pursuant to CPLR article 78, directing that respondent reinstate petitioner to the position of Director of the Division of Cemeteries and prohibiting respondent Cemetery Board, Division of Cemeteries (Cemetery Bd.) from terminating petitioner for the balance of his term of office.

On June 6, 1994, the Cemetery Bd. held a meeting addressing various issues relevant to the general administration of cemeteries in the State. During the meeting, a motion was made to accept the resignation of Pearse M.…