Opinion
Argued March 20, 1980
Decided April 22, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE D. BURCHELL, J.
Martin A. Schwartz and Eileen R. Kaufman for appellant. Lawrence T. D'Aloise, Jr., for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs. The issue presented in petitioner's article 78 proceeding was one of law on which the dissenting Judge disagreed. The appeal is, therefore, properly before us (CPLR 5601, subd [a], par [i]).
On the merits, there was evidence to support the determination of the courts below that petitioner's resignation was voluntary and that the refusal of the city manager to reinstate him was not arbitrary or capricious.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.
Order affirmed.