# Lotten v. Board of Fire Commissioners

> Appellate Division of the Supreme Court of the State of New York · June 21, 1999 · 262 A.D.2d 563

URL: https://www.frixlaw.com/law-library/cases/6038577

## Case

- **Full name:** In the Matter of Douglas G. Lotten v. Board of Fire Commissioners of Terryville Fire District
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 21, 1999
- **Citations:** 262 A.D.2d 563; 692 N.Y.S.2d 437; 1999 N.Y. App. Div. LEXIS 7030
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6038577

## Opinion text

—In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Fire Commissioners of Terryville Fire District, dated August 28, 1997, which suspended the petitioner for a period of 15 days, without a hearing, the appeal is from a judgment of the Supreme Court, Suffolk County (Gerard, J.), dated May 7, 1998, which granted the petition.
Ordered that the judgment is affirmed, with costs.
The petitioner was improperly suspended on the ground of *564 misconduct or incompetency without a formal charge being filed against him and without a hearing (see, General Municipal Law § 209-l; Matter of Schenck v Fire Council, 35 Misc 2d 685 ; Matter of Gardner v Ward, 199 NYS2d 953 ).
The appellant’s remaining contentions lack merit. S. Miller, J. P., Santucci, Feuerstein and Smith, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6038577. Public record. Not legal advice.