NEW CITY - A state judge on Tuesday halted the Clarkstown Town Council's re-vote on whether to fire ex-Police Chief Michael Sullivan — just hours before council members were set to hold a special session to cast their votes.

State Supreme Court Justice Robert Berliner's order was yet another twist in a legal battle that has been waged over Sullivan's removal since the council first ousted him on disciplinary charges 18 months ago.

Earlier this month, Berliner annulled the original vote to fire the chief that was taken Sept. 12, 2017. The judge ruled that Supervisor George Hoehmann and then-Councilman Dan Caprara had conflicts of interest.

On Tuesday, the judge granted a motion by Sullivan's lawyer, Richard Glickel, to delay the vote until Glickel could re-argue the case.

Because Sullivan retired from his $273,000-a-year job at the end of 2017, Glickel said there's no further action by the town on the disciplinary charges. You can't terminate someone whose employment has already ended by virtue of his retirement, Glickel said Tuesday.

Clarkstown Town Attorney Thomas Mascola on Tuesday evening said the judge's latest order appeared to be at odds with his March 12 decision directing the Town Council to vote on the matter within 60 days.

Clarkstown: Judge orders re-vote on ex-Police Chief Sullivan's firing

Chief Michael Sullivan fired by Clarkstown Town Council

Berliner's recent rulings stem from a lawsuit Sullivan filed in October 2017 seeking to throw out the original vote and reinstate him, which would entitle him to back pay and benefits.

Glickel said Berliner's ruling annulling the original vote effectively restored Sullivan to his status before he was fired as police chief — suspended with full pay and benefits. Glickel calculated Sullivan was owed about $500,000 in back salary, health insurance premiums and sick-leave accruals.

The judge also denied Sullivan's request for "costs and legal fees" related to his suspension.

Clarkstown vs. Sullivan

Sullivan's firing capped an investigation that spurred accusations of political payback and secret police spying. The probe and subsequent hearings divided the town.

Sullivan was suspended in July 2016 after Hoehmann leveled the first set of disciplinary charges against him. The case later grew to include 41 charges.

The charges were argued during a pair of disciplinary hearings before Hearing Officer Robert Ponzini at Town Hall.

On Sept. 5, 2017, Ponzini found Sullivan guilty on 11 of 15 charges related to misusing Police Department communications for personal or unofficial use, disseminating information contained in a departmental record, misconduct, insubordination and incompetence, among other things.

He was fired a week later, and Lt. Raymond McCullagh was subsequently appointed chief.

Sullivan claimed his suspension was related to his refusal to stop an investigation into ex-Clarkstown police officer Michael Garvey's political donations to a campaign fund that spent heavily to get Hoehmann elected in 2015.

After his firing, Sullivan mounted an unsuccessful political campaign against Hoehmann, who won his second term in November 2017.

Hoehmann, who is seeking re-election to a third term this November, has denied that the prosecution was politically motivated.

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