MATTER OF TOWN OF TONAWANDA POLICE CLUB, INC. v. TOWN OF TONAWANDA

1075 CA 19-01501.

194 A.D.3d 1462 (2021)

2021 NY Slip Op 02959

In the Matter of Town of Tonawanda Police Club, Inc., et al., Respondents, v. Town of Tonawanda et al., Appellants.

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

Decided May 27, 2021.


Attorney(s) appearing for the Case

GOLDBERG SEGALLA LLP, BUFFALO ( SEAN P. BEITER OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

BARTLO, HETTLER, WEISS & TRIPI, KENMORE ( PAUL D. WEISS OF COUNSEL), FOR PETITIONERS-RESPONDENTS.

Present—Peradotto, J.P., Carni, NeMoyer and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the petition in part, vacating the first through sixth decretal paragraphs, and reinstating the amended charges against petitioner Howard M. Scholl, III, and as modified the judgment is affirmed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, dismissal of the amended disciplinary charges against Howard M. Scholl...

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