Barone v. City of Dunkirk

Judgment unanimously reversed, without costs, and determination of city council confirmed. Memorandum: Petitioner, a lieutenant in the City of Dunkirk Police Department, was dismissed from his position by the City of Dunkirk Common Council as a result of being found guilty of charges including official misconduct, grand larceny, conspiracy to commit petit larceny, petit larceny and perjury arising out of a scheme that he allegedly directed which resulted in the payment of unauthorized overtime and sick leave pay. In this article 78 proceeding petitioner seeks to vacate that determination.…