MATTER OF O'DONNELL v. FERGUSON


273 A.D.2d 905 (2000)

709 N.Y.S.2d 321

In the Matter of JOHN O'DONNELL, Respondent, v. ROBERT FERGUSON, as Chief of Police of Town of Evans, et al., Appellants.

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

Decided June 16, 2000.


Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting the petition in part by reinstating petitioner to the position of part-time police officer in the Town of Evans, directing that he remain in that position unless suspended or dismissed pursuant to Town Law § 155, and ordering a hearing on damages.

From 1990 until 1998, petitioner had been appointed annually...

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