MATTER OF CHIARA v. WELLS


61 A.D.3d 973 (2009)

877 N.Y.S.2d 464

In the Matter of JEFFREY CHIARA, Petitioner, v. JANET L. WELLS, Supervisor, Town of New Castle, et al., Respondents.

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

Decided April 28, 2009.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, without costs or disbursements.

The petitioner failed to allege sufficient facts to show that the initiation of the disciplinary charges was in retaliation for his commencement of a lawsuit against the Town of New Castle and the Town Administrator. The determination that the petitioner was guilty of misconduct is supported by substantial evidence in...

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