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ROBERT KAEFER, APPELLANT-res, v. NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORICAL PRESERVATION, res-res

MATTER OF ROBERT KAEFER, APPELLANT-res, v. NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORICAL PRESERVATION, res-res — (INDEX NO. 16657/06) In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Office of Parks, Recreation and Historical Preservation banning the petitioner from any future employment as a lifeguard, the petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Lally, J.), entered February 17, 2011, as denied so much of the petition as sought an award of an attorney's fee, unless he prevailed at a disciplinary proceeding, and the New York State Office of Parks, Recreation and Historical Preservation cross-appeals, as limited by its brief, from so much of the same judgment as, in effect, granted the petition to the extent of vacating the ban on the petitioner's re-employment pending a disciplinary proceeding.

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MATTER OF ROBERT KAEFER, APPELLANT-res, v. NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORICAL PRESERVATION, res-res — (INDEX NO. 16657/06) In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Office of Parks, Recreation and Historical Preservation banning the petitioner from any future employment as a lifeguard, the petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Lally, J.), entered February 17, 2011, as denied so much of the petition as sought an award of an attorney’s fee, unless he prevailed at a disciplinary proceeding, and the New York State Office of Parks, Recreation and Historical Preservation cross-appeals, as limited by its brief, from so much of the same judgment as, in effect, granted the petition to the extent of vacating the ban on the petitioner’s re-employment pending a disciplinary proceeding.

ORDERED that the judgment is reversed insofar as cross-appealed from, on the law, the petition is denied, and the proceeding is dismissed on the merits; and it is further,

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