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MATTER OF ALPER v. GAFFNEY

73 A.D.2d 644 (1979)

In the Matter of Seymour Alper, Petitioner, v. John E. Gaffney, Individually and as Deputy Director of The Office of Disaster and Emergency Services of the Town of Cortlandt, Respondent

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

December 17, 1979

Determination annulled, on the law, with costs, and petition granted to the extent that the respondent is directed to reinstate petitioner to his prior position and rank nunc pro tunc.

The charge of misconduct that petitioner disobeyed an order not to patrol a certain part of the Town of Cortlandt is not supported by substantial evidence in the record. Moreover, the charge that the petitioner refused to resign from...

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