Appellate Court Upholds Termination of Firefighter for Misconduct and Insubordination

The Appellate Division of the New York Supreme Court has upheld the termination of a volunteer firefighter from the Millwood Fire District following charges of misconduct and insubordination. Robert Correra, was accused of knowingly falsifying information during a medical clearance process and violating department procedures while under suspension.

Correra had served with the District since 2003. In 2020, he underwent a required physical examination. As part of that process, he submitted a medical questionnaire, in which he failed to disclose that he had been designated by the Workers’ Compensation Board as “permanently, partially disabled.” Based on the results of that examination and the concerns it raised, the District suspended his operational privileges.

While on suspension, Correra obtained another physical examination. According to the District, he failed to provide the examining physician with the job performance requirements of a firefighter—something that would have been necessary for a valid evaluation. These actions led to the filing of a second charge of misconduct and insubordination under Civil Service Law § 75.

A disciplinary hearing was held on October 28, 2021. The hearing officer found Correra guilty of both charges and recommended termination. The District adopted the findings and terminated his volunteer membership on January 17, 2022.

Correra challenged the decision through an Article 78 proceeding, arguing that the determination was unsupported by substantial evidence and that the penalty was excessive. The Appellate Division, rejected Correra’s arguments, holding that substantial evidence supported the findings of misconduct and insubordination. The panel noted that Correra had “knowingly provided false answers on his medical questionnaire” and had “improperly obtained a medical examination” while suspended. It emphasized that falsifying medical information concerning a firefighter’s physical condition reflects “a disregard for the safety of other firefighters and the general public.”

In affirming the termination, the court concluded that the penalty was not “so disproportionate to the offense as to be shocking to one’s sense of fairness.”

Congrats to the Millwood Fire District’s legal counsel – our own Brad Pinsky – on another victory. Here is a copy of the decision: