Collins v. Sweeney

Motion by the plaintiffs for summary judgment pursuant to CPLR 3212 is denied. Although a cross motion for summary judgment has not been made, summary judgment dismissing the complaint is granted pursuant to CPLR 3212 (subd. [b]) as to all defendants.

The complaint in this action pursuant to section 102 of the Civil Service Law prays for a judgment (1) enjoining the payment of any further salary to the defendant Stanley J. Roth by the defendants, Board of Trustees and Treasurer, respectively, *224of the Incorporated Village of Freeport; (2) compelling the defendant Board of Trustees to remove the…