Opinion
April 19, 1971
In an article 78 proceeding, respondents appeal from a judgment of Supreme Court, Suffolk County, dated July 23, 1970, which, inter alia, adjudged that petitioners were to be granted the title of Deputy Sheriff in the Department of Sheriff of Suffolk County, and denied their motion for reargument, except that they do not appeal from so much of the judgment as permitted Philip Corso to be substituted as a party respondent in place of Frank A. Gross. Judgment, insofar as appealed from, reversed on the law, without costs, appeal from so much of judgment as denies motion for reargument dismissed, and the petition is remanded to the Supreme Court, Suffolk County, for proceedings not inconsistent herewith. A triable issue of fact exists in this proceeding which precludes a determination on the papers without a hearing. In our view, the stipulations and the order entered pursuant thereto in the prior proceeding are not determinative of the present proceeding. Munder, Acting P.J., Martuscello, Shapiro, Gulotta and Benjamin, JJ., concur.