MacFarlane v. Village of Scotia

—Mugglin, J.

Cross appeals from a judgment of the Supreme Court (Lynch, J.), entered March 24, 1999 in Schenectady County, which, inter alia, partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, challenging the penalty imposed by respondent as an abuse of discretion.

When this case was previously before us, we confirmed findings of guilt with respect to the majority of charges brought against petitioner by respondent and remitted the matter to respondent for the purpose of reconsidering the penalty, finding the original penalty to be unduly harsh and…