Brophy v. Gandolfo

OPINION OF THE COURT

Kenneth H. Lange, J.

This is a CPLR article 78 proceeding wherein petitioner seeks an order, inter alla, annulling the provisional appointment of respondent Gabriel Hayes, Jr., as Police Chief made by respondent Board of Trustees of the Village of North Tarrytown.

Petitioner, James Brophy, currently holds the position of Lieutenant of the Village of North Tarrytown Police Department. He was appointed to that position on or about July 7, 1980. In November 1988, Richard Spota, Police Chief of North Tarrytown, sustained an injury during the course of his official duties, which…