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MATTER OF GOMEZ v. STOUT

No. 136.

13 N.Y.3d 182 (2009)

In the Matter of VALERIE GOMEZ, Respondent-Appellant, v. JOSEPH A. STOUT, as Commissioner of the Westchester County Department of Parks, Recreation and Conservation, et al., Appellants-Respondents.

Court of Appeals of New York.

Decided October 15, 2009.

Attorney(s) appearing for the Case

Charlene M. Indelicato, County Attorney, White Plains (Thomas G. Gardiner and Stacey Dolgin-Kmetz of counsel), for appellants-respondents.

Lovett & Gould, LLP, White Plains (Jonathan Lovett and Kim Berg of counsel), for respondent-appellant.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur with Judge CIPARICK; Judge SMITH concurs in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

Petitioner Valerie Gomez has worked for Westchester County since 1979. On January 17, 2001, she began working as an assistant games manager at Rye Playland—an amusement park owned by the County of Westchester and operated by its Department of Parks, Recreation and Conservation. However, on or about May 2, 2002, petitioner was served with disciplinary charges pursuant to...

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