Smith v. Department of Public Works — 49 A.D.2d 893

Majority

p. 893

Francis J. Smith, Appellant, v Department of Public Works of the County of Westchester, Respondent.

In an action, inter alia, to compel defendant to reinstate plaintiff as an employee, the appeal is from an order of the Supreme Court, Westchester County, entered December 24, 1974, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action. Order affirmed, without costs. Special Term properly granted defendant’s motion to dismiss plaintiff’s complaint. Martuscello, Acting P. J., Cohalan, Christ and Munder, JJ., concur.