Capobianco v. Incorporated Village of Massapequa Park

—In an action, inter alia, to recover damages for wrongful removal from office, the defendants appeal from an order of the Supreme Court, Nassau County (DeMaro, J.), dated February 1, 2002, which denied their motion to set a discovery schedule on the issue of mitigation of damages.

Ordered that the order is affirmed, with costs.

In April 1999 the plaintiff was appointed to a two-year term as the Village Administrator for the defendant Village of Massapequa Park. Her appointment was terminated in August 1999. She commenced this action alleging, inter alia, that she was wrongfully removed from…