Matter of Dominguez v O'Flynn
2012 NY Slip Op 06714 [99 AD3d 1250]
October 5, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


In the Matter of Gamaliel (Tony) Dominguez, Respondent, v Patrick M. O'Flynn, Monroe County Sheriff, et al., Appellants. (Appeal No. 1.)

—[*1] 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.

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.

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 [1989]). Present—Scudder, P.J., Smith, Centra, Lindley and Martoche, JJ.