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MATTER OF LO BELLO v. MCLAUGHLIN

39 A.D.2d 404 (1972)

In the Matter of Salvatore Lo Bello, Respondent-Appellant, v. Arthur McLaughlin, as Fire Commissioner of The City of Mount Vernon, et al., Appellants-Respondents

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

July 13, 1972.

Attorney(s) appearing for the Case

Arthur H. Ellis, Corporation Counsel (James Cardinal of counsel), for appellants-respondents.

Avstreih, Martino & Weiss (David Avstreih of counsel), for respondent-appellant.

MUNDER and CHRIST, JJ., concur with SHAPIRO, J.; HOPKINS, Acting P. J., dissents and votes to reverse and dismiss the proceeding, in an opinion, in which BRENNAN, J., concurs.

SHAPIRO, J.

After a hearing on charges, the petitioner, Lo Bello, a fireman, was dismissed by the Fire Commissioner of the City of Mount Vernon. He then brought this proceeding pursuant to article 78 of the CPLR to review his dismissal. The Special Term modified the determination by ordering a two-month suspension and remanded the balance of the petitioner's application, which requested that he be paid his salary...

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