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TROY – Dominick Comitale reported for duty as a police officer Monday, 26 days after he resigned, in an apparent move as part of an effort to rescind his resignation he submitted when he faced an indictment and a hearing to fire him.

Deputy Chief Dan DeWolf said Tuesday that Comitale appeared at police headquarters for work and they chatted before Comitale left. DeWolf said the department’s command staff considers him to be off the job, having resigned. DeWolf referred further questions about Comitale’s current status with the 131-member department to City Hall.

Comitale’s situation changed Jan. 23 when Rensselaer County Court Judge Jennifer Sober dismissed the misdemeanor assault and harassment indictment arising from a dispute at a North Greenbush Little League baseball diamond in September brought against Comitale by former District Attorney Joel E. Abelove during his final days as the county’s chief prosecutor. The indictment was filed long after the 90-day speedy trial deadline had passed for the case.

William Roberts, Comitale’s attorney, declined to discuss the former officer’s actions to get his job back with the department.

“It’s a personnel matter. I’d rather not comment,” Roberts said.

Mayor Patrick Madden’s administration considers Comitale’s tenure over as a police officer. At first, questions were answered with a response that it was a personnel matter. Then the city issued a statement.

“Pursuant to an agreement with the City of Troy, Officer Dominick Comitale voluntarily resigned his position with the Troy Police Department on January 2nd, 2019 and is no longer a city employee,” said John Salka, a spokesman for Madden.

Under the Troy Civil Service Commission rules, former employees may seek to rescind their resignation, but the city as appointing authority for police officers must agree to the return to work.

The indictment against Comitale came as the city was mounting its drive to get him off the police department. He resigned rather than go through the termination hearing.

At the time of Comitale’s resignation, Roberts said, his client left the force due to losing faith in the justice system following his resignation. Comitale’s career as a Troy police officer had been marked by allegations of inappropriate behavior and abuse both on- and off-duty. The city paid more than $174,000 to settle four allegations of excessive force filed against him since 2011.

The latest incident occurred when Comitale was off duty on Sept. 8. At that time, it was alleged Comitale elbowed Twin Town Little League vice president Darren Ayotte and pressed his police badge into Ayotte's forehead after pushing him against a car. Comitale was initially charged with second-degree harassment, a violation, in North Greenbush Town Court.