ROBERT W. MCEVOY, res, v. OYSTER BAY FIRE COMPANY NO. 1 ap

MATTER OF ROBERT W. MCEVOY, res, v. OYSTER BAY FIRE COMPANY NO. 1 ap — (INDEX NO. 18049/11) In a proceeding pursuant to CPLR article 78 to review a determination of the Chief Officers of Oyster Bay Fire Company No. 1 dated September 28, 2011, which, without a hearing, and upon finding that the petitioner violated the bylaws of Oyster Bay Fire Company No. 1, suspended him from active duty as a volunteer firefighter with Oyster Bay Fire Company No. 1 for a period of one year, and a determination of the Disciplinary Review Board of Oyster Bay Fire Company No. 1 dated November 15, 2011, which, after a hearing, reduced the penalty to a suspension from active duty for a period of six months and a suspension from social functions for a period of another six months, the appeal is from an order of the Supreme Court, Nassau County (Jaeger, J.), dated March 27, 2012, which granted the petition to the extent of remitting the matter to Oyster Bay Fire Company No. 1 to conduct a hearing on the charges preferred against the petitioner, and for a new determination thereafter.

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MATTER OF ROBERT W. MCEVOY, res, v. OYSTER BAY FIRE COMPANY NO. 1 ap — (INDEX NO. 18049/11) In a proceeding pursuant to CPLR article 78 to review a determination of the Chief Officers of Oyster Bay Fire Company No. 1 dated September 28, 2011, which, without a hearing, and upon finding that the petitioner violated the bylaws of Oyster Bay Fire Company No. 1, suspended him from active duty as a volunteer firefighter with Oyster Bay Fire Company No. 1 for a period of one year, and a determination of the Disciplinary Review Board of Oyster Bay Fire Company No. 1 dated November 15, 2011, which, after a hearing, reduced the penalty to a suspension from active duty for a period of six months and a suspension from social functions for a period of another six months, the appeal is from an order of the Supreme Court, Nassau County (Jaeger, J.), dated March 27, 2012, which granted the petition to the extent of remitting the matter to Oyster Bay Fire Company No. 1 to conduct a hearing on the charges preferred against the petitioner, and for a new determination thereafter.

ORDERED that on the Court’s own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ROBERT W. MCEVOY, res, v. OYSTER BAY FIRE COMPANY NO. 1 ap

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