Durkee v. City of Plattsburgh

OPINION OF THE COURT

William L. Ford, J.

This is a motion by the plaintiff for summary judgment pursuant to CPLR 3212. The parties have furnished copies of the summons and complaint, the answer of the defendants and copies of the papers submitted to the court upon a prior motion for a preliminary injunction. The parties have also submitted memorandums of law.

The plaintiff is a police sergeant employed by the defendant, City of Plattsburgh (hereinafter City). In October of 1982 he enlisted in the United States Army Reserves (hereinafter Reserves) and the Reserves require that he attend military…