Fiorella v. Village of Scarsdale

OPINION OF THE COURT

Richard J. Daronco, J.

This is a CPLR article 78 proceeding in which the petitioner seeks to review and thereupon annul the determination of the respondents removing petitioner from the payroll of the respondent Village of Scarsdale as of December 6, 1977, and compelling respondents to reinstate him as of that date with full pay together with costs pursuant to CPLR 8303 (subd [a], par 2).

The facts are substantially uncontradicted. Petitioner, a civil service employee with permanent status was employed by respondent Village of Scarsdale as a police officer, having the rank…