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FALK v. CHITTENDEN

11 N.Y.3d 73 (2008)

ROBERT FALK et al., Appellants, v. TIMOTHY CHITTENDEN, Respondent.

Court of Appeals of the State of New York.

Decided June 26, 2008.

Attorney(s) appearing for the Case

Landman Corsi Ballaine & Ford P.C., New York City (Louis G. Corsi, and Ameet B. Kabrawala of counsel), and Law Office of Vincent Toomey, Lake Success (Vincent Toomey and Christine A. Gaeta of counsel), for appellants.

Lovett & Gould, LLP, White Plains (Jane Bilus Gould of counsel), for respondent.

OPINION OF THE COURT

READ, J.

In 2003, Robert Falk, in his capacity as a lieutenant in the City of Rye's Police Department, commenced a disciplinary proceeding against Officer Timothy Chittenden pursuant to Civil Service Law § 75 and the Police Department's Rules and Regulations. Falk, who supervised Chittenden, preferred five misconduct charges alleging insubordination by Chittenden toward another police lieutenant, Joseph Verille, in December 2002...

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