Legal Opinion

DOMINGUEZ, GAMALIEL (TONY) v. O'FLYNN, PATRICK M.

Appellate Division of the Supreme Court of the State of New York

Decided October 5, 2012No. CA 12-00234Published

1Opinion of the Court

Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge his termination from employment as a deputy in the Monroe County Sheriffs Office based on his violation of three departmental rules and regulations. Following a hearing, Supreme Court granted those parts of the petition seeking to vacate the findings of guilt with respect to counts two and three and ordered that petitioner be reinstated with back pay. The court affirmed the finding of guilt with respect to count one, which alleged that petitioner engaged in conduct unbecoming a deputy sheriff in violation of section…

2Cases cited5 opinions

  1. Abramovich v. Board of EducationNew York Court of Appeals · 1979
  2. Marine Midland Bank, N.A. v. Hallman's Budget Rent-A-Car of Rochester, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Whitehead v. StateAppellate Division of the Supreme Court of the State of New York · 1979
  4. Whitehead v. StateNew York Court of Appeals · 1980
  5. C & H Engineers, P. C. v. Klargester, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

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