Berg v. Gerber

In a proceeding pursuant to CPLR article 78 to compel the reinstatement of petitioner to the position of Town Engineer of the Town of Clarkstown, the parties cross-appeal from a judgment of the Supreme Court, Rockland County, dated November 23,1979, which, after a nonjury trial, denied petitioner reinstatement but directed that he be paid his salary for the calendar year 1977, less any moneys he may have received through other employment, unemployment benefits, etc. Judgment reversed, on the law and on the facts, without costs or disbursements, and proceeding dismissed on the merits. It was…