Archer v. Town of Wheatfield

—Appeal from a judgment of Supreme Court, Niagara County (Fricano, J.), entered April 4, 2002, which granted respondents’ motion to dismiss the CPLR article 78 petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the petition is reinstated.

Memorandum: Petitioner commenced this proceeding seeking reinstatement to her position as court clerk to a Wheatfield town justice, back pay and compensatory and punitive damages. Supreme Court erred in granting respondents’ motion to dismiss the…