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Richard Lazzari, Respondent v. Town of Eastchester, et al., Appellants, Paula Redd Zeman, &c., et al., Respondents

JONATHAN LIPPMAN, Chief Judge:

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JONATHAN LIPPMAN, Chief Judge:

The Town of Eastchester and Westchester County have squabbled in and out of court for five years over whether the County’s Department of Human Resources was required to provide the Town with documentation of an employee’s fitness to resume work before the Town reinstated him to his position under Civil Service Law §71. Without condoning the County’s conduct in this dispute, we hold that when a civil service commission or department directs a municipal employer to reinstate an employee pursuant to a medical officer’s determination of fitness under Civil Service Law §71, the municipal employer must immediately reinstate the employee, and a challenge to such a determination must take the form of an article 78 petition.

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