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ECKERT v. CITY OF NEWBURGH

114 A.D.2d 398 (1985)

James Eckert, Respondent, v. City of Newburgh, Appellant

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

October 15, 1985

Judgment reversed, on the law, without costs or disbursements, penalty reinstated, determination confirmed, and proceeding dismissed on the merits.

Petitioner has been a fireman with appellant Fire Department since 1975. After being found guilty of falsely reporting sick, he was dismissed from the Department on May 9, 1984.

Under all the circumstances of this case, the penalty imposed was not so disproportionate...

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