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MATTER OF BARHITE v. TOWN OF DeWITT

970 CA 16-01043.

144 A.D.3d 1645 (2016)

2016 NY Slip Op 07782

42 N.Y.S.3d 502

In the Matter of DALE BARHITE et al., Respondents, v. TOWN OF DeWITT et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 18, 2016.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by deleting the words "arbitrary and capricious, without a rational basis, in violation of lawful procedure, affected by errors of fact and law and"

[144 A.D.3d 1646]
from the second decretal paragraph and, as modified, the judgment is affirmed without costs.

Memorandum: Petitioners are police officers who were formerly employed by the Village of...

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