MATTER OF DONOFRIO v. SPINNATO


144 A.D.2d 672 (1988)

In the Matter of Nicholas Donofrio, Respondent, v. Joseph E. Spinnato, as Commissioner of the Fire Department of The City of New York, et al., Appellants

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

November 28, 1988


Ordered that the appeal is dismissed, without costs or disbursements, and the judgment is vacated; and it is further,

Adjudged that so much of the determination as found the petitioner guilty of charges 2 and 4 is confirmed, so much of the determination as found the petitioner guilty of charge 1 is disaffirmed, the penalty imposed for all the charges is vacated, and the matter is remitted to the Commissioner for the imposition of an appropriate new penalty, without...

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