Motion-Secondary: Allan Goetz v. Wyandanch Volunteer Fire Company Inc., Town Of Babylon

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                                SUPREME COURT OF THE STATE OF THE NEW YORK
COUNTY OF SUFFOLK
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In the Matter of ALLAN GOETZ,

                          Petitioner,                                              Index No. 607311/2023

For Judgment Pursuant to Article 78 of the                                         [[PROPOSED]]
Civil Practice Law and Rules,                                                      COUNTER-ORDER

        -against-                                                                  Present:

WYANDANCH VOLUNTEER FIRE COMPANY, INC. and                                         Hon. C. Stephen Hackeling
TOWN OF BABYLON,

                           Respondents.
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        WHEREAS, on March 22, 2023, Allan Goetz (the “Petitioner”) commenced this

proceeding by filing an Article 78 Petition against the Wyandance Volunteer Fire Company, Inc.

and the Town of Babylon (collectively, the “Respondents”), asserting claims that his dismissal and

suspension from the Wyandanch Volunteer Fire Company, Inc. should be void, set aside, and

annulled; and

        WHEREAS, on June 12, 2023, the Wyandanch Volunteer Fire Company, Inc. filed a

motion to dismiss, which Petitioner opposed; and

        WHEREAS, counsel for the parties appeared on September 20, 2023 before the Hon. C.

Stephen Hackeling for oral argument on the matter, which arguments were duly considered in

addition to all of the papers filed in this proceeding; and

        WHEREAS, on September 20, 2023, the Hon. C. Stephen Hackeling rendered an oral

decision in this proceeding.

        Accordingly, it is hereby

        ORDERED that Petitioner’s Article 78 Petition is granted in its entirety; and it is further
         ORDERED that the Wyandanch Volunteer Fire Company, Inc.’s determination to dismiss

the Petitioner is void, set aside, and annulled; and it is further

         ORDERED that the Petitioner is reinstated as a lifetime member of the Wyandanch

Volunteer Fire Company, Inc. with all the rights and privileges of such membership effective

immediately and Petitioner shall not be considered suspended but rather an active member of the

Wyandanch Volunteer Fire Company, Inc.

         This constitutes the Decision and Order of the Court.

         A copy of this Order shall be deemed served upon all counsel of record by uploading and

distribution of this Order on NYSCEF.

Dated:      Riverhead, New York
            October 3, 2023


                                                                ENTER:



                                                                Hon. C. Stephen Hackeling
                                                                Justice of the Supreme Court