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.