From Casetext: Smarter Legal Research

In re Cole-Hatchard v. Sherwood

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 2003
309 A.D.2d 933 (N.Y. App. Div. 2003)

Opinion

2002-07669

Submitted September 18, 2003.

October 27, 2003.

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Chief of Police of the Town of Clarkstown dated September 26, 2000, which denied the petitioner benefits pursuant to General Municipal Law § 207-c, the petitioner appeals from a judgment of the Supreme Court, Rockland County (Weiner, J.), dated July 22, 2002, which denied the petition and dismissed the proceeding.

Stephen J. Cole-Hatchard, Stony Point, N.Y., appellant pro se.

John A. Costa, Town Attorney (Richard A. Glickel, West Nyack, N.Y., of counsel), for respondents.

Before: MYRIAM J. ALTMAN, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, there is a rational basis in the record for the determination of the respondent Chief of Police of the Town of Clarkstown (hereinafter the Chief) denying his request for General Municipal Law § 207-c benefits retroactive to February 4, 1997. Therefore, the determination of the Chief was not arbitrary or capricious ( see Matter of Miele v. Town of Clarkstown, 299 A.D.2d 362). Moreover, the petitioner was not entitled to a due process hearing since his General Municipal Law § 207-c benefits were not revoked or terminated ( cf. Matter of Gamma v. Bloom, 274 A.D.2d 14; Matter of Schenectady County Sheriff's Assn. v. McEvoy, 124 A.D.2d 911; Matter of Olivier v. County of Rockland, 260 A.D.2d 482).

The parties' remaining contentions are without merit.

ALTMAN, J.P., GOLDSTEIN, ADAMS and MASTRO, JJ., concur.


Summaries of

In re Cole-Hatchard v. Sherwood

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 2003
309 A.D.2d 933 (N.Y. App. Div. 2003)
Case details for

In re Cole-Hatchard v. Sherwood

Case Details

Full title:IN THE MATTER OF STEPHEN COLE-HATCHARD, appellant, v. WILLIAM SHERWOOD…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 27, 2003

Citations

309 A.D.2d 933 (N.Y. App. Div. 2003)
766 N.Y.S.2d 113

Citing Cases

Schnurr v. Nassau County

The Supreme Court properly denied the petition and dismissed the proceeding as untimely, as it was commenced…

Matter of Patalano v. Nassau County

While it is the opinion of this court that Petitioner was entitled to 207-c benefits, Petitioner was…