Horne v. Scher

— In a proceeding pursuant to CPLR article 78 to review a determination by respondent city manager in which he purported to accept the resignation of petitioner Raymond Horne, the appeal, as limited by petitioners’ brief, is from so much of an order of the Supreme Court, Westchester County, entered April 9, 1974, as determined that a trial was necessary in order to determine "whether the petitioner was ill during the time period in question”. Permission for the taking of this appeal is hereby granted by Mr. Justice Brennan. Order reversed insofar as appealed from, on the law, without costs,…