MSSSV Obtains Summary Judgment in Federal Discrimination and Retaliation Lawsuit

In April of 2009, the Appellate Division, Second Department, agreed with MSSSV’s position asserted on behalf of the municipal respondents, thereby reversing the findings of the lower court and dismissing the petitioner’s Article 78 petition in its entirety.

In sum, the appellate court found that the respondent Fire Council’s decision to terminate the petitioner’s membership in the Fire Department was not so disproportionate to the offense to shock one’s sense of fairness. In this regard, the appellate court agreed that the petitioner engaged in a willful course of conduct in which he failed to follow departmental policy and sought to cover up his actions by fabricating documents and deceiving his supervisor. Accordingly, the appellate court found that Article 78 petition seeking reinstatement of petitioner’s membership in the Fire Department warranted a dismissal on the merits.

Kelly Hobel of MSSSV presented the successful appeal.