Fraccola v. City of Utica

— Determination unanimously confirmed and petition dismissed without costs. Memorandum: Petitioner appeals from the determination of Mayor Louis LaPolla of the City of Utica which removed him from his position as Deputy Chief of the Utica Police Department. He argues that the appointment of the Hearing Officer, John Clyne, was invalid because Clyne was not an employee of the *1113Department of Public Safety, as required by McKinney’s Unconsolidated Laws of NY § 891 (L 1940, ch 834). Although that section has been applied in this situation (see, Matter of Vano v McGuire, 70 AD2d 540), strict…