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Judge Vincent Briccetti's made the ruling Tuesday after receiving reassurance from the town's special prosecutor, William Harrington, that the chief would continue to receive his full pay during his suspension.
Briccetti did not rule on other issues included in the lawsuit filed by Sullivan in an effort to return to work, said Sullivan's attorney, Richard Glickel.
"Judge Briccetti declined to sign the order to show cause on Tuesday after obtaining a representation by the town’s special counsel on the record that under no circumstances will the town discontinue the chief’s salary pending the ongoing administrative proceedings," said Glickel. "Chief Sullivan appreciates the District Court’s ruling, but he had asked to be returned to work in the meanwhile, which he feels will help restore morale within the department and serve the community as he always has for more than three decades. The District Court judge reasoned that so long as the chief was being paid and would continue to receive his salary and benefits, there was no 'emergency' necessitating the granting a stay."
Sullivan was suspended on July 20 on charges that included everything from insubordination to failure to perform duties.
Lawyers are to report back by letter to the court by Tuesday, Sept. 27, and a conference is scheduled for Oct. 12 in White Plains.
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