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IN THE MATTER OF FARABELL v. TOWN OF MACEDON

TP 08-02050

2009 NY Slip Op 03563

IN THE MATTER OF HEATH FARABELL, PETITIONER, v. TOWN OF MACEDON, RESPONDENT.

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

Decided May 1, 2009.

Attorney(s) appearing for the Case

TREVETT CRISTO SALZER & ANDOLINA, P.C., ROCHESTER (LAWRENCE J. ANDOLINA OF COUNSEL), FOR PETITIONER.

ANTHONY J. VILLANI, P.C., LYONS (ANTHONY J. VILLANI OF COUNSEL), FOR RESPONDENT.

PRESENT: HURLBUTT, J.P., SMITH, FAHEY, GREEN, AND PINE, JJ.

It is hereby ORDERED that the determination is unanimously modified on the law and the petition is granted in part by annulling that part of the determination finding petitioner guilty of charge one and as modified the determination is confirmed without costs.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination terminating his employment as a police officer for respondent following a hearing conducted pursuant to Civil...

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