MATTER OF MILLER JR. v. WATERS


51 A.D.3d 113 (2008)

853 N.Y.S.2d 183

In the Matter of JOSEPH MILLER JR., Respondent, v. JAMES WATERS, Individually and as Chief of the Elmira City Police Department, Appellant.

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

February 28, 2008.


Attorney(s) appearing for the Case

Davidson & O'Mara, P.C., Elmira (Ransom P. Reynolds, Jr. of counsel), and J. William O'Brien II, Elmira (John J. Ryan, Jr. of counsel), for appellant.

Schlather, Geldenhuys, Stumbar & Salk, Ithaca (Diane V. Bruns of counsel), for respondent.

CARDONA, P.J., MERCURE, LAHTINEN and KANE, JJ., concur.


OPINION OF THE COURT

SPAIN, J.

Petitioner, a former sergeant in the City of Elmira Police Department, was indicted on various charges stemming from accusations that he had stolen property and falsified records in the course of his duties. In March 2004, County Court dismissed the indictment against petitioner in the interest of justice (see CPL 210.40) and ordered the records sealed (see CPL 160.50 [1] [c]). Thereafter, in May 2004, respondent...

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