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BRIDEAU v. WHEELER

84 A.D.2d 432 (1982)

Alvin J. Brideau, Petitioner, v. Edward M. Wheeler, Individually and as Chairman of the Board of Police Commissioners of The Village of Ossining, et al., Respondents

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

January 29, 1982

Attorney(s) appearing for the Case

Alvin J. Brideau, petitioner pro se, and McGovern, Connelly & Davidson (Charles K. McGoey of counsel), for Alvin J. Brideau, petitioner.

Hugh A. Lavery, Jr., for respondents.

DAMIANI, J. P., LAZER and BRACKEN, JJ., concur.

COHALAN, J.

Petitioner Alvin J. Brideau, a 14-year veteran of and a lieutenant in the Village of Ossining Police Department, was dismissed from his position on December 9, 1980. He had been found guilty by the Board of Police Commissioners of using excessive physical force on a prisoner being held in custody, in violation of section 3.2.17 of the rules and regulations of the department. That section states that "[a] member of the department shall not...

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