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GORE v. CORWIN

185 Misc.2d 825 (2000)

714 N.Y.S.2d 427

CHARLES J. GORE, SR., Petitioner, v. JOHN CORWIN, as Chief of Village of Ellenville Police Department, et al., Respondents.

Supreme Court, Ulster County.

September 20, 2000.

Attorney(s) appearing for the Case

Russell Schlindler for petitioner.

Kalter, Kaplan & Zeiger (Ivan Kalter of counsel), for respondents.

OPINION OF THE COURT

JOHN G. CONNOR, J.

Petitioner seeks an order pursuant to CPLR article 78 vacating respondents' disciplinary determination and directing that respondents return to petitioner his badge and police identification on the ground that the same was in violation of Civil Service Law § 75. Respondents answer the petition and raise the following affirmative defenses: (1) disciplinary proceedings of

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