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In the Matter of Thomas C. Zembiec v. County of Monroe

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


September 30, 2011

IN THE MATTER OF THOMAS C. ZEMBIEC,
PETITIONER-RESPONDENT,
v.
COUNTY OF MONROE, MONROE COUNTY SHERIFF'S DEPARTMENT,
PATRICK O'FLYNN, SHERIFF, MONROE COUNTY SHERIFF'S DEPARTMENT,
IN HIS OFFICIAL AND INDIVIDUAL CAPACITY, AND UNDERSHERIFF GARY CAIOLA,
IN HIS OFFICIAL AND INDIVIDUAL CAPACITY,
RESPONDENTS-APPELLANTS.

Appeal from a judgment of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered January 15, 2010 in a proceeding pursuant to CPLR article 78.

Matter of Zembiec v County of Monroe

Decided on September 30, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SMITH, J.P., CENTRA, CARNI, GREEN, AND MARTOCHE, JJ.

(APPEAL NO. 1.)

The judgment, among other things, adjudged that petitioner's application for a judgment to annul respondents' determination is held and remitted to the parties for additional information.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: September 30, 2011

Patricia L. Morgan Clerk of the Court

20110930

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