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MATTER OF DOLAN v. NEW HYDE PARK FIRE DEPARTMENT

2014-03800, Index No. 9656/13.

137 A.D.3d 1026 (2016)

27 N.Y.S.3d 266

2016 NY Slip Op 01844

In the Matter of MICHAEL DOLAN, SR., Respondent, v. NEW HYDE PARK FIRE DEPARTMENT et al., Appellants.

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

Decided March 16, 2016.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court for consideration of the penalty imposed by the New Hyde Park Board of Fire Commissioners.

The petitioner, Michael Dolan, Sr., was a member of the New Hyde Park Fire Department (hereinafter the fire department) and also an elected Commissioner on the New Hyde Park Board of Fire Commissioners (hereinafter the Board). Dolan commenced this...

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