Lahtinen, J.
Petitioner was appointed to a permanent position on the police force of respondent City of Binghamton in 2000. On the night of March 26-27, 2003, while on a six-month suspension arising from an excessive use of force incident, petitioner and his 20-year-old girlfriend, Tiffany Lavin, consumed alcoholic beverages at several bars in the Binghamton area and then engaged in a physical altercation at petitioner's residence. Lavin
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