MATTER OF KELLY v. COUNTY OF DUTCHESS

2017-00717, Index No. 3676/15.

176 A.D.3d 1060 (2019)

111 N.Y.S.3d 51

2019 NY Slip Op 07582

In the Matter of James Kelly, Petitioner, v. County of Dutchess et al., Respondents.

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

Decided October 23, 2019.


Attorney(s) appearing for the Case

O'Neil & Burke, LLP, Poughkeepsie, NY ( William T. Burke of counsel), for petitioner.

James M. Fedorchak , County Attorney, Poughkeepsie, NY ( Caroline E. Blackburn of counsel), for respondents.

Austin, J.P., Miller, Barros and Iannacci, JJ., concur.


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 specifications 3 and 4 of charge II and specification 6 of supplemental charge VII is annulled, those specifications are dismissed, the penalty imposed is vacated, the determination is otherwise confirmed, and the matter is remitted to the respondents for a new consideration of the appropriate penalty to be imposed...

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