Opinion
May 6, 1996
Appeal from the Supreme Court, Westchester County (Lange, J.).
Ordered that the order and judgment is reversed, on the law, with costs, the motion to dismiss is denied, the petition is granted, and the Town of Harrison is directed to reinstate the petitioner to his position as Manager of Systems Information for the Town of Harrison with full back pay and fringe benefits.
This Court has recently declared Town of Harrison, Town Board Resolution No. 94-14, which granted the Town Supervisor of the Town of Harrison full authority over all municipal personnel, to be invalid ( see, Matter of Paladino v. Town of Harrison, 225 A.D.2d 698; see also, Matter of Schimmel v Biscone, 107 A.D.2d 915, 916-917; 59 N.Y. Jur, Towns, § 68).
Because the Town Board of the Town of Harrison could not delegate its power to hire and fire municipal personnel to the Town Supervisor by means of Town of Harrison, Town Board Resolution No. 94-14, the discharge from employment of the petitioner by the Town Supervisor was unauthorized, and the Town is directed to reinstate the petitioner with full back pay and fringe benefits. Rosenblatt, J.P., Copertino, Altman and Friedmann, JJ., concur.