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MATTER OF FEOLA v. CARROLL

10 N.Y.3d 569 (2008)

890 N.E.2d 219

860 N.Y.S.2d 457

In the Matter of DONALD FEOLA, Respondent, v. PATRICK J. CARROLL, as Police Commissioner of the City of New Rochelle, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 5, 2008.

Attorney(s) appearing for the Case

Law Office of Vincent Toomey, Lake Success (Vincent Toomey and Thomas J. Marcoline of counsel), for appellants.

Thomas J. Troetti, White Plains, for respondent.

Michael A. Cardozo, Corporation Counsel, New York City (Ronald E. Sternberg and Leonard Koerner of counsel), for City of New York, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, READ and SMITH concur with Judge PIGOTT; Judge GRAFFEO dissents and votes to affirm in a separate opinion in which Judge JONES concurs.

OPINION OF THE COURT

PIGOTT, J.

Petitioner Donald Feola, a police officer employed by respondent City of New Rochelle, was convicted following a jury trial of endangering the welfare of a child in violation of Penal Law § 260.10 (1) for incidents that occurred outside the line of duty. Respondent Patrick J. Carroll, Police Commissioner for the City, summarily terminated Feola upon his conviction citing...

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