TUCKER v. MALONE


114 A.D.2d 844 (1985)

Charles Tucker, Appellant, v. Marie Malone et al., Constituting The Board of Fire Commissioners of the Fairview Fire District, et al., Respondents

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

November 4, 1985


Judgment reversed, on the law, without costs or disbursements, petition granted, determination annulled, and charge dismissed.

Petitioner, a lieutenant in the Fairview Fire Department, was charged with violating Fairview Fire Department Rules and Regulations, article X, § 8, which prohibits conduct "which may bring reproach or reflect discredit upon the Department". The incident which formed the basis of the charge consisted of petitioner stuffing an envelope...

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