(Download) "Terrence J. Lemieux v. City Niagara Falls" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Terrence J. Lemieux v. City Niagara Falls
- Author : Supreme Court of New York
- Release Date : January 04, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
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[138 A.D.2d 945 Page 945] Order unanimously reversed on the law without costs and summary judgment granted defendant dismissing the complaint. Memorandum:
In June of 1976, plaintiff, a City of Niagara Falls police officer, was convicted of two misdemeanor counts of perjury for
making false statements in an affidavit submitted in support of an application for a search warrant. He was suspended without
pay and disciplinary charges were filed pursuant to section 75 of the Civil Service Law. The disciplinary hearings were stayed
pending appeals. In November of 1980, the Court of Appeals reversed one of the perjury counts, but it was not until July 12,
1983, that plaintiff was formally dismissed. Plaintiff commenced this action seeking back pay from November 20, 1980 until
July 14, 1983, claiming that the city unreasonably delayed the disciplinary proceedings during this period (see, Matter of
Amkraut v Hults, 21 A.D.2d 260, affd 15 N.Y.2d 627). Special Term granted partial summary judgment in plaintiff's favor for
most of the period of delay. We reverse and grant summary judgment dismissing the complaint.