MATTER OF DeCINTIO v. VILLAGE OF TUCKAHOE

2010-11984.

100 A.D.3d 887 (2012)

954 N.Y.S.2d 563

2012 NY Slip Op 8002

In the Matter of ANTHONY J. DeCINTIO, Petitioner, and KEVIN McBRIDE et al., Respondents, v. VILLAGE OF TUCKAHOE et al., Appellants.

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

November 21, 2012.


Ordered that the judgment is reversed insofar as appealed from, on the law and the facts, with costs, that branch of the petition which was to annul the determination on the ground that John Fitzpatrick was not an impartial hearing officer is denied as academic, that branch of the petition which was to compel the Village of Tuckahoe to conduct a name-clearing hearing is denied, and the proceeding is dismissed.

The petitioners Kevin McBride and Phillip White (hereinafter...

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