Matter of Dominguez v O'Flynn

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Matter of Matter of Dominguez v O'Flynn 2012 NY Slip Op 06714 Decided on October 5, 2012 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 5, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND MARTOCHE, JJ.
1016 CA 12-00233

[*1]IN THE MATTER OF GAMALIEL (TONY) DOMINGUEZ, PETITIONER-RESPONDENT, MONROE COUNTY SHERIFF

v

PATRICK M. O'FLYNN, CAPTAIN ANDREW FORSYTHE, LIEUTENANT JOHN DIMARTINO AND DEPUTY PATRICIO ROJAS, JR., IN THEIR OFFICIAL CAPACITIES, RESPONDENTS-APPELLANTS. (APPEAL NO. 1.)


Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered November 4, 2011 in a proceeding pursuant to CPLR article 78. The order, inter alia, vacated the termination of petitioner and ordered his reinstatement.


WILLIAM K. TAYLOR, COUNTY ATTORNEY, ROCHESTER (BRIAN E. MARIANETTI OF COUNSEL), FOR RESPONDENTS-APPELLANTS.
JEFFREY WICKS, PLLC, ROCHESTER (JEFFREY WICKS OF COUNSEL), FOR PETITIONER-RESPONDENT.


It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Matter of Laborers Intl. Union of N. Am., Local 210, AFL-CIO v Shevlin-Manning, Inc., 147 AD2d 977).
Entered: October 5, 2012
Frances E. Cafarell
Clerk of the Court

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