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MATTER OF BERGER v. BOARD OF FIRE COMMISSIONERS OF THE JERICHO FIRE DISTRICT

2008-09314.

71 A.D.3d 881 (2010)

897 N.Y.S.2d 180

In the Matter of MICHAEL BERGER, Petitioner, v. BOARD OF FIRE COMMISSIONERS OF THE JERICHO FIRE DISTRICT, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 16, 2010.

Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent that so much of the determination as found the petitioner guilty of charges five and six and as imposed a penalty is annulled, the determination is otherwise confirmed, charges five and six are dismissed, and the matter is remitted to the Board of Fire Commissioners of the Jericho Fire Department for a new determination as to the penalty...

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