O'Donnell v. Ferguson

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting the petition in part by reinstating petitioner to the position of part-time police officer in the Town of Evans, directing that he remain in that position unless suspended or dismissed pursuant to Town Law § 155, and ordering a hearing on damages.

From 1990 until 1998, petitioner had been appointed annually as a part-time police officer by the Town Board of the Town *906of Evans (Town Board). Respondent Chief of Police of the Town of Evans…