Court Upholds N.Y. Department's Expelling of Former Chief

The village of Mamaroneck Fire Department was justified in expelling a former fire chief after he was verbally abusive toward firefighters and failed to follow direct orders at the scene of an emergency, endangering himself and possibly others, a state appellate court has found.

Michael Pasqua was booted by the volunteer department after he disregarded a fire captain's order not to use an unsafe ladder, cursed at fellow firefighters, and didn't wear proper safety equipment as his fire company battled a house fire on April 16, 2010, according to court documents.

The Appellate Division, Second Judicial Department says this behavior allowed for his membership to be revoked, reversing a lower court that reduced his punishment to a 29-month suspension. Pasqua had sued in 2012 over his ban.

"Under these circumstances, the penalty of termination of membership was not shocking to one's sense of fairness," a four-justice panel based in Brooklyn wrote last week.

Pasqua, a firefighter for 30-plus years who was not chief at the time of the incident, said he observed a breach of procedures and "an unsafe condition" at the fire. After bringing the matter to the attention of those in command, a loud verbal confrontation ensued in which several people dropped "the f word," court records say.