Schroeder v. Scoppetta

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Fire Commissioner of the City of New York dated November 19, 2008, which, after a hearing, affirmed a determination of an administrative law judge dated September 28, 2007, that the petitioner was guilty of three charges of misconduct, and terminated his employment as a firefighter with the Fire Department of the City of New York.

Adjudged that the petition is granted, on the law, the determination is annulled, with costs, and the matter is remitted to the respondent Fire Commissioner of the City of New York for…