Brockman v. Rioux

Appellate Division of the Supreme Court of New York

Brockman v. Rioux

50 A.D.2d 886, 377 N.Y.S.2d 170, 1975 N.Y. App. Div. LEXIS 11781

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 29, 1975

StatusPublished

This text of 50 A.D.2d 886 (Brockman v. Rioux) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brockman v. Rioux, 50 A.D.2d 886, 377 N.Y.S.2d 170, 1975 N.Y. App. Div. LEXIS 11781 (N.Y. Ct. App. 1975).

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Opinion

— Proceeding pursuant to CPLR article 78 to annul a determination of respondents, as trustees of the Incorporated Village of East Hampton, dated June 17, 1974, and made after a hearing, which dismissed him from his position as patrolman in the village police department, and for reinstatement, with back pay and privileges. Determination annulled, on the law, with costs, and respondents are directed to restore petitioner to his position as a police officer, with back pay from the date of his suspension on December 17, 1973, less interim earnings, if any. The action of respondents in proceeding against petitioner on charges based on an incident during the' time he was under a previous removal by respondents and was not a member of the village’s police department (see Matter of Brockman v Skidmore, 43 AD2d 572) was improper. Rabin, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

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— Proceeding pursuant to CPLR article 78 to annul a determination of respondents, as trustees of the Incorporated Village of East Hampton, dated June 17, 1974, and made after a hearing, which dismissed him from his position as patrolman in the village police department, and for reinstatement, with back pay and privileges. Determination annulled, on the law, with costs, and respondents are directed to restore petitioner to his position as a police officer, with back pay from the date of his suspension on December 17, 1973, less interim earnings, if any. The action of respondents in proceeding against petitioner on charges based on an incident during the' time he was under a previous removal by respondents and was not a member of the village’s police department (see Matter of Brockman v Skidmore, 43 AD2d 572) was improper. Rabin, Acting P. J., Latham, Cohalan, Brennan and Munder, JJ., concur.

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Bluebook (online)

50 A.D.2d 886, 377 N.Y.S.2d 170, 1975 N.Y. App. Div. LEXIS 11781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brockman-v-rioux-nyappdiv-1975.

Opinion

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