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MATTER OF CALLANAN v. POLICE COMMISSION FOR TOWN OF CLARKSTOWN

2 A.D.3d 442 (2003)

767 N.Y.S.2d 797

In the Matter of JOHN P. CALLANAN, Appellant, v. POLICE COMMISSION FOR TOWN OF CLARKSTOWN, Respondent.

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

December 1, 2003.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, and the determination is annulled.

The Rockland County Police Act provides that "charges shall not be brought more than sixty days after the time when the facts upon which such charges are based are known to the town board" (see Rockland County Police Act § 7). In this proceeding, the misconduct took place on February 1, 1999, the respondent became aware of the misconduct...

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