Lotten v. Board of Fire Commissioners

—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Fire Commissioners of Terryville Fire District, dated August 28, 1997, which suspended the petitioner for a period of 15 days, without a hearing, the appeal is from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated May 7, 1998, which granted the petition.

Ordered that the judgment is affirmed, with costs.

The petitioner was improperly suspended on the ground of *564misconduct or incompetency without a formal charge being filed against him and without a hearing (see, General Municipal Law §…