Matter of McDermott v Town Bd. of Town of Patterson

Matter of McDermott v Town Bd. of Town of Patterson 2006 NY Slip Op 07356 [33 AD3d 703] October 10, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 13, 2006

In the Matter of Michael P. McDermott, Petitioner,
v
Town Board of Town of Patterson et al., Respondents.

—[*1]Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the respondent Town Board of the Town of Patterson dated December 14, 2005, which, upon remittal from this Court by decision and judgment dated March 23, 2005, imposed a penalty of one year suspension followed by 18 months' probation.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

This Court does not have subject matter jurisdiction (see CPLR 7804 [b]; 506 [b]) to entertain this proceeding. Miller, J.P., Krausman, Spolzino and Lifson, JJ., concur.