Matter of Massi v Flynn |
2007 NY Slip Op 09777 [46 AD3d 685] |
December 11, 2007 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
As corrected through Wednesday, February 13, 2008 |
In the Matter of Guy Massi, Respondent, v Edward Flynn
et al., Appellants. |
—[*1]
Robert L. Byrne, Rye, N.Y., for appellants.
Joseph A. Maria, P.C., White Plains, N.Y., for respondent.
In a proceeding pursuant to CPLR article 78 to review a determination of Edward Flynn, Chief of
Police of the Village of Mamaroneck Police Department, suspending the petitioner from his
employment as a police officer, Edward Flynn and the Village of Mamaroneck appeal, as limited
by their brief, from stated portions of an order of the Supreme Court, Westchester County
(Smith, J.), dated April 27, 2006, which, inter alia, granted that branch of the petitioner's motion
which was to enforce a decision, order, and judgment of the same court entered December 22,
2004, directing them to hold a hearing to determine the petitioner's eligibility for benefits under
General Municipal Law § 207-c.
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The parties conceded at oral argument that the hearing that is the subject of this appeal has
been conducted. Spolzino, J.P., Dillon, Angiolillo and Dickerson, JJ., concur.