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IN THE MATTER OF SMERALDO v. RATER

55 A.D.3d 1298 (2008)

864 N.Y.S.2d 596

In the Matter of TIMOTHY J. SMERALDO, Petitioner, v. REXFORD H. RATER, Individually and as Chief of Police of Jamestown Police Department, et al., Respondents.

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

October 3, 2008.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding challenging the penalty of termination of his employment with the Jamestown Police Department (Department) for, inter alia, conduct that was disrespectful of a superior officer. According to...

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