Yonkers has withdrawn a lawsuit against a city firefighter accused of working a side job while receiving disability pay, although it appears the case is far from over.
LoHud.com reports that a lawsuit filed against fire Lt. Peter Joyce has been withdrawn, but that the city intends to refile the suit at a later date.
The lawsuit stems from accusations from city officials that Joyce received more than $43,000 in disability pay from taxpayers while working another job, which is not allowed under the city's contract with the firefighter union.
"The city withdrew without prejudice as advised by the judge due to the technicality regarding the amount of money owed to (the) city by Joyce and also to wait for ... Joyce to obtain counsel," Yonkers spokeswoman Christina Gilmartin wrote in an email Monday.
Gilmartin said the city plans to re-file the suit after a decision is reached through arbitration on Joyce's employment. City officials want to fire Joyce, but a decision in the termination hearing isn't expected until mid-December.
Joyce, who agreed in October to repay the money and was awaiting an arbitrator's decision on the amount of restitution, has accused the city of harassment, smearing his name and trying to drum him out of his job instead of helping him with his post-traumatic stress disorder and depression.
