MTR OF LUTZ v. KROKOFF

5789-11.

35 Misc.3d 841 (2012)

942 N.Y.S.2d 775

2012 NY Slip Op 22083

In the Matter of BRIAN LUTZ, Petitioner, v. STEVEN KROKOFF, as Chief of Police of the City of Albany Police Department, et al., Respondents.

Supreme Court, Albany County.

Decided March 14, 2012.


Attorney(s) appearing for the Case

Ennio J. Corsi , General Counsel, New York State Law Enforcement Officers Union, District Council 82, AFSCME, AFL-CIO, Albany ( Christine Caputo Granich of counsel), for petitioner. Roemer, Wallens Gold & Mineaux, LLP, Albany ( Mary M. Roach of counsel), for respondents.


OPINION OF THE COURT

MICHAEL C. LYNCH, J.

The petitioner began working as a police officer in the patrol division for the respondent City of Albany in June 2008. On December 11, 2010, while off duty, he was arrested and charged with violating Vehicle and Traffic Law § 1192 (3) (driving while intoxicated). Because petitioner refused to take a chemical test, the Department of Motor Vehicles revoked his driver's license.

On April 8, 2011, the respondent...

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