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MATTER OF CITY OF ELMIRA v. DOE

39 A.D.3d 942 (2007)

833 N.Y.S.2d 304

In the Matter of CITY OF ELMIRA et al., Appellants, v. JOHN DOE, Respondent.

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

Decided April 5, 2007.

Mercure, J.P.

In November 2002, respondent was suspended without pay pending the resolution of a disciplinary proceeding in which he was charged with stealing money and falsifying records in his capacity as a police officer at petitioner Elmira Police Department. The Elmira Police Benevolent Association (hereinafter PBA) filed an improper labor practice charge against petitioner City of Elmira after it refused to release...

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