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In re Massi12/22/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Factual Background
This is a CPLR Article 78 proceeding in which petitioner, Guy Massi, challenges as unlawful his departmental suspension ordered by respondent Chief of Police of the Village of Mamaroneck, Edward Flynn (hereinafter "Chief Flynn") for petitioner's failure to follow two orders that had been issued to petitioner (i.e., that petitioner report for a light duty assignment and that petitioner attend an interview with Chief Flynn). Petitioner contends that his failure to follow Chief Flynn's orders was the result of his work-related illness Acute Stress Disorder ("ASD").
This Article 78 is set against a backdrop of well-publicized and serious police discord within the Village of Mamaroneck's Police Department (the "department"), which involves police officers' charges of misconduct by Chief Flynn, subsequent secret taping of conversations among members of the department, as well as a resultant federal lawsuit that has been brought against the Village of Mamaroneck and/or Village authorities. This longstanding discord, while apparently not targeting petitioner as a participant, serves as the stage setting for the sources of stress and emotional problems petitioner herein describes. As detailed more fully below, central to this Court's decision is the timing of Chief Flynn's decision to prefer disciplinary charges against petitioner i.e., while petitioner was out on sick leave and within approximately one week of petitioner's request for an application to receive disability benefits under General Municipal Law ("GML") § 207-c.
Most of the facts underlying this petition are largely uncontested. Petitioner, Guy Massi, is a Police Sergeant with the department. He has been a member of the department since 1994, and has held the title of Sergeant since June, 2001. On April 14, 2004, Chief Flynn had ordered petitioner to appear at a meeting with him scheduled to take place on April 16, 2004 (the "April 16th meeting or interview") to discuss his written responses to Chief Flynn's questions on the inter-department taping. But on April 15, 2004, petitioner was rushed to the Putnam Hospital Emergency Center with what petitioner has described as severe chest pains. (See Verified Petition and hospital records annexed thereto at Exhibit A). The tests performed on petitioner revealed that he had suffered an anxiety attack. The hospital records indicate that petitioner was advised to follow-up with a psychiatrist, and was further advised not to return to work for one week. (Verified Petition, Exhibit A). Citing stress-related illness, petitioner did not attend the April 16th meeting; moreover, petitioner called in sick for his tours of duty scheduled for April 16 and 17, 2004. (See Verified Answer, Exhibits D and E).
By letter dated April 19, 2004, respondents wrote to Sgt. Massi and directed that he attend a "Fitness for Duty" evaluation scheduled for 4/22/04. However, the Fitness for Duty evaluation did not occur on 4/22/04, and was rescheduled so that respondents could retain the services of a psychiatrist and psychologist to evaluate petitioner.
On April 23, 2004, petitioner's psychologist, Dr. Raymond Griffin, CASAC, wrote to respondents to advise them of his diagnosis of petitioner namely, that petitioner was suffering from DSM IV Axis I DX: 308.3 Acute Stress Disorder ("ASD") and that petitioner was unable to perform his police responsibilities. Petitioner was also diagnosed by a clinical psychiatrist, Dr. Ronald Kaitz, as suffering from Post Traumatic Stres
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