NEW CITY - The Clarkstown police chief's brother, a town cop who has not worked for about a decade while out on an injury disability, has retired more than a month after Orangetown police charged him with drunken driving following a two-car accident.

James McCullagh's retirement was accepted Tuesday by the Clarkstown Town Board. His older brother is Chief Raymond McCullagh.

James McCullagh's resignation after more than 20 years as an officer ends the possibility of disciplinary charges and a separate tug-of-war in court on the town seeking to force McCullagh to retire. He's been paid tax-free with benefits since August 2008. State law, called 207c, allows an officer to be paid until he recovers from a line-of-duty injury.

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James McCullagh said he hurt his back when assaulted by a resident trying to commit suicide in 2008, according to his state Supreme Court papers filed to block a town retirement hearing.

Then-Police Chief Michael Sullivan ordered McCullagh back to work on restricted duty in March 2015. His refusal led the town to seek to hold a civil service hearing on his disability retirement — which must be approved by the state Comptroller's Office.

McCullagh's then-lawyer, Maureen McNamara, blocked the hearing on the grounds the Town Board must appoint a hearing officer, not then-Supervisor Alexander Gromack, court papers state. The court case stalled in 2016 and McNamara, a seasoned police attorney, was disbarred in February, court documents state.

Clarkstown Supervisor George Hoehmann's office referred questions on the 207c issue to the town's labor attorney, Vincent Toomey, who took over the 207c case in 2016.

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McCullagh worked more than 20 years as an officer, including a stint with the NYPD before joining Clarkstown about two decades ago.

McCullagh was paid $152,663 a year, according to SeeThroughNY, a website showing salaries of municipal employees. Clarkstown police officers are among the highest paid in the country, along with Ramapo's officers.

McCullagh, a Pearl River resident, still faces a misdemeanor charge of driving while intoxicated in Orangetown Justice Court.

Orangetown police said McCullagh was suspected of being drunk when his car slammed into another moving vehicle at 1:35 p.m. Sept. 28 on Franklin Avenue near the intersection of Henry Street, police said when asked for details by The Journal News/lohud.com

McCullagh declined to take a chemical test to ascertain any levels of alcohol in his system, police said. Refusal to take a chemical test could lead to additional charges and suspension of one's driver's license and fines, regardless of the outcome of the DWI charge in court.

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