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JOSEPH RUSSO, ETC., res, v. RICHARD BURKE, ETC. ap

MATTER OF JOSEPH RUSSO, ETC., res, v. RICHARD BURKE, ETC. ap — (INDEX NO. 1990/13)In a proceeding pursuant to CPLR article 78 to compel the Commissioner of the City of Mount Vernon Police Department to reinstate the petitioner to his position as a police officer, with back pay, Richard Burke, John Roland, the City of Mount Vernon, and the Mount Vernon Police Department appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County (Adler, J.), entered August 14, 2013, as granted the petition to the extent of restoring the petitioner's salary pending a final determination of any disciplinary charges and awarding the petitioner back pay from March 15, 2013.

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MATTER OF JOSEPH RUSSO, ETC., res, v. RICHARD BURKE, ETC. ap — (INDEX NO. 1990/13)In a proceeding pursuant to CPLR article 78 to compel the Commissioner of the City of Mount Vernon Police Department to reinstate the petitioner to his position as a police officer, with back pay, Richard Burke, John Roland, the City of Mount Vernon, and the Mount Vernon Police Department appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Westchester County (Adler, J.), entered August 14, 2013, as granted the petition to the extent of restoring the petitioner’s salary pending a final determination of any disciplinary charges and awarding the petitioner back pay from March 15, 2013.

ORDERED that the judgment is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the proceeding is dismissed on the merits.

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