Fitzgerald v. Libous

Appeal from a judgment of the Supreme Court at Special Term, entered September 24, 1976 in Broome County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul appellants’ determination dismissing petitioner from his employment for incompetency. On December 19, 1975 appellant Thomas J. Joseph, Chief of the Fire Bureau of the City of Binghamton, charged petitioner, a city fireman, with incompetence due to alcoholism for the stated purpose of causing his removal from the civil service of the city. Petitioner demanded a bill of particulars and instead,…