An embattled former upstate New York police chief who was suspended but reinstated after winning a disciplinary proceeding has no claim for malicious prosecution, a unanimous state appeals panel ruled last week.

Though a lower court had determined that Saranac Lake, N.Y., Police Chief Donald G. Perryman could proceed with a malicious prosecution suit because three of 19 charges against him were not supported by probable cause, the Appellate Division, 3rd Department, in Perryman v. Village of Saranac Lake, 421/06, disagreed.

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