Lazzari v. Town of Eastchester

OPINION OF THE COURT

Chief Judge Lippman.

The Town of Eastchester and Westchester County have squabbled in and out of court for five years over whether the County’s Department of Human Resources was required to provide the Town with documentation of an employee’s fitness *219to resume work before the Town reinstated him to his position under Civil Service Law § 71. Without condoning the County’s conduct in this dispute, we hold that when a civil service commission or department directs a municipal employer to reinstate an employee pursuant to a medical officer’s determination of fitness under Civil…