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IN THE MATTER OF KEMPKES v. DOWNEY

2007-02219.

2008 NY Slip Op 06207

IN THE MATTER OF THOMAS KEMPKES, respondent, v. BRIAN DOWNEY, ETC., ET AL., appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 8, 2008.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC, Garden City, N.Y. (Terry O'Neil and Howard M. Miller of counsel), for appellants.

Lovett & Gould, LLP, White Plains, N.Y. (Jonathan Lovett of counsel), for respondents.

Before: PETER B. SKELOS, J.P., JOSEPH COVELLO, RANDALL T. ENG, JOHN M. LEVENTHAL, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed, with costs.

The petitioner is a Village of Bronxville police officer. From September 6, 2002, until July 7, 2006, the petitioner was paid his full salary while he was on disability leave, pursuant to General Municipal Law § 207-c. On July 7, 2006, the petitioner was informed by Brian Downey, the Chief of Police of the Village of Bronxville, that he would be suspended without pay pending a disciplinary...

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