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CITY COUNCIL v. CARBONE

54 A.D.2d 461 (1976)

In the Matter of The City Council of Watertown et al., Appellants, v. Donald P. Carbone et al., Constituting The Municipal Civil Service Commission of the City of Watertown, et al., Respondents

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

December 10, 1976

Attorney(s) appearing for the Case

Kenneth W. Brett, Corporation Counsel, for appellants.

Giles, Maloney, Marsh, Clary & Swartz (Richard V. Hunt of counsel), for Frederick D. Wiley, respondent.

Conboy, McKay, Bachman & Kendall (Carl Bachman of counsel), for Donald P. Carbone and others, respondents.

MAHONEY, DILLON and WITMER, JJ., concur; SIMONS, J., not participating.

CARDAMONE, J. P.

On December 17, 1975 respondent, Frederick D. Wiley, then a Captain in the Fire Department of the City of Watertown was involved in an incident during his off-duty hours which resulted in disciplinary charges being lodged against him. Following a hearing held before appellant Forbes, City Manager of Watertown, he was found guilty of the charges and given a 30-day suspension without pay and permanent...

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