Former Southold officers on disability challenge town’s decision

by | Sep 28, 2017 | Work Related Injuries | 0 comments

Two former Southold Town police officers on disability for on-the-job injuries who were fired from their positions last month are challenging the town’s decision to end their employment.

Officers David Hunstein and Joseph Wysocki were terminated Aug. 15 for inability to perform their full duties after the Town Board voted unanimously on resolutions. On Sept. 13, they each filed an Article 78 proceeding against the town, the police department and the police chief in Suffolk County Supreme Court.

Both Mr. Hunstein and Mr. Wysocki seek a court judgment that the termination of their employment was “in violation of lawful procedure, arbitrary and capricious, not based on substantial evidence, and abuse of discretion and/or affected by error of law,” according to the notices of claim.

They also seek reinstatement of “all applicable forfeited compensation and other benefits,” including health insurance and pension contributions, according to court documents.

The men argue they were removed from their positions under the “wrong mechanism” and that a disciplinary charge against both them was untimely, according to the court papers.

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