Lotten v. Board of Fire Commissioners

Appellate Division of the Supreme Court of New York

Lotten v. Board of Fire Commissioners

262 A.D.2d 563, 692 N.Y.S.2d 437, 1999 N.Y. App. Div. LEXIS 7030

Appellate Division of the Supreme Court of the State of New York·Decided June 21, 1999·Published·Cited by 3 cases

Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Fire Commissioners of Terryville Fire District, dated August 28, 1997, which suspended the petitioner for a period of 15 days, without a hearing, the appeal is from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated May 7, 1998, which granted the petition.

Ordered that the judgment is affirmed, with costs.

The petitioner was improperly suspended on the ground of [564]*564misconduct or incompetency without a formal charge being filed against him and without a hearing (see, General Municipal Law § 209-l; Matter of Schenck v Fire Council, 35 Misc 2d 685; Matter of Gardner v Ward, 199 NYS2d 953).

The appellant’s remaining contentions lack merit. S. Miller, J. P., Santucci, Feuerstein and Smith, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Fire Commissioners of Terryville Fire District, dated August 28, 1997, which suspended the petitioner for a period of 15 days, without a hearing, the appeal is from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated May 7, 1998, which granted the petition.

Ordered that the judgment is affirmed, with costs.

The petitioner was improperly suspended on the ground of [564]*564misconduct or incompetency without a formal charge being filed against him and without a hearing (see, General Municipal Law § 209-l; Matter of Schenck v Fire Council, 35 Misc 2d 685; Matter of Gardner v Ward, 199 NYS2d 953).

The appellant’s remaining contentions lack merit. S. Miller, J. P., Santucci, Feuerstein and Smith, JJ., concur.

Lotten v. Board of Fire Commissioners, 262 A.D.2d 563, 692 N.Y.S.2d 437, 1999 N.Y. App. Div. LEXIS 7030 (N.Y. Ct. App. 1999).

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262 A.D.2d 563 (Lotten v. Board of Fire Commissioners) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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