Sanchez v. Town of Brookhaven

Decision Date21 October 1963
Citation245 N.Y.S.2d 994,19 A.D.2d 864
PartiesIn the Matter of Jose SANCHEZ, Jr., Petitioner-Respondent, v. TOWN OF BROOKHAVEN, and Charles R. Dominy as Supervisor and as a member of the Board of said Town, Appellants.
CourtNew York Supreme Court — Appellate Division

Schmidt & Fechter, Patchogue, for appellant; James E. McGiff, Patchogue, of counsel.

Harold L. Herzstein, New York City, for respondent; Stanley Mailman, New York City, of counsel.

In a proceeding under article 78 of the Civil Practice Act, to annul the petitioner's discharge from his position of Buyer in the Town of Brookhaven, the Town and its officer appeal from an order of the Supreme Court, Suffolk County, dated August 30, 1962, which granted the application and reinstated petitioner, effective nunc pro tunc as of January 31, 1962, to his position as a permanent employee, with compensation to be paid from said date. Appellants' brief concedes that petitioner's probationary term was eight weeks. Order affirmed, without costs. No opinion. Sup., 232 N.Y.S.2d 238.

UGHETTA, Acting P. J., and CHRIST, BRENNAN, HILL and RABIN, JJ., concur.

To continue reading

Request your trial
4 cases
  • Albano v. Kirby
    • United States
    • New York Court of Appeals Court of Appeals
    • 7 Mayo 1975
    ...the Rules of the Suffolk County Civil Service Commission (Matter of Sanches v. Town of Brookhaven, Sup., 232 N.Y.S.2d 238, affd. 19 A.D.2d 864, 245 N.Y.S.2d 994). The early probationary appointments were for a single definite time and, in People ex rel. Kastor v. Kearny, supra, 164 N.Y. p. ......
  • Pastore v. City of Troy
    • United States
    • New York Supreme Court — Appellate Division
    • 6 Julio 1989
    ...XIV[5]; see also, 4 NYCRR 4.5[a][5][iii]; Matter of Sanchez v. Town of Brookhaven, 232 N.Y.S.2d 238, 239, affd. 19 A.D.2d 864, 245 N.Y.S.2d 994). While petitioner is entitled to reinstatement, he is not entitled to back pay unless his dismissal was made in bad faith or was unconstitutionall......
  • Haynes v. Chautauqua County
    • United States
    • New York Supreme Court
    • 9 Julio 1980
    ...the Rules of Suffolk County Civil Service Commission (Matter of Sanches v. Town of Brookhaven, (Sup.) 232 N.Y.S.2d 238, affd. 19 A.D.2d 864, (245 N.Y.S.2d 994)). The early probationary appointments were for a single definite time and, in People ex rel. Kastor v. Kearny (supra, (164 N.Y.) p.......
  • Lasker v. Moreida
    • United States
    • New York Supreme Court — Appellate Division
    • 21 Octubre 1963

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT