Dillon v. City Manager of Yonkers

Proceeding pursuant to CPLR article 78 to review a determination of the respondent trial commissioner, which, after a hearing found the petitioner guilty of certain charges and dismissed him from the City of Yonkers Police Department. Petition granted to the extent that the determination is modified, on the law, by vacating the penalty imposed. As so modified, determination confirmed, proceeding otherwise dismissed on the merits, without costs or disbursements, and the matter is remitted to the trial commissioner for the imposition of a new penalty. The decision shows that, in determining the…