Lugo v. Damiano

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Appellate Division, Second Department) to review a determination of respondent which terminated petitioner’s employment as a police officer.

Petitioner, employed as an officer in the City of Newburgh Police Department in Orange County since 1982 and who had never previously been the subject of any employee discipline, was charged with 10 specifications of insubordination. The charges included working in off-duty employment without the Police Chiefs prior permission in violation of Department policy (General Order…