William M. Gummo v. Village of Depew, New York

I respectfully dissent.

This case involves the discharge for insubordination, lying and obstreperous conduct of a Village policeman (“appellant”), who was also a Reservist in the United States Air Force. The discharge was based on the recommendation of an impartial Hearing Officer who, after a two day hearing, found the policeman guilty of three current violations of the Department’s Rules of Conduct and a history of improprieties as a police officer, involving reprimands and a suspension for misconduct. The Hearing Officer found that (i) the policeman had been disciplined for violations of…