Julicher v. Town of Tonawanda

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered September 10, 2008 in a proceeding pursuant to CPLR article 78. The judgment denied respondents’ motion to dismiss the petition, granted the petition and annulled the determination terminating petitioner’s employment.

*1385It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is granted and the petition is dismissed.

Memorandum: Respondents appeal from a judgment in this CPLR article 78 proceeding granting the petition…