Muttontown could have officers by June 1

An appeals court has lifted a temporary restraining order that would have severely limited the hiring pool for Muttontown's new police department.

Less than 24 hours after State Supreme Court Justice Stephen Bucaria issued the order -- saying Muttontown could only hire officers in the Old Brookville police union -- Appellate Justice William F. Mastro rescinded it.

Wednesday's decision, Muttontown officials said, keeps the village on track to have officers on the street June 1, the day its longtime funding pact with the Old Brookville Police Department expires. The village said nine of its 12 new officers come from other organizations, but would not identify them.

"It would have presented serious obstacles in getting the police department organized and on the street by June 1," Muttontown village attorney Steven Leventhal said of the restraining order.

The Old Brookville police union argues that Muttontown's efforts to separate from the department violate the labor contract with its members, which doesn't expire for another year. It is separate from the funding pact among the villages.

In March, Muttontown withdrew from Old Brookville police amid concerns about cost. The Old Brookville union said a reduced patrol area, now six villages instead of seven, will cause up to 13 officer layoffs.

Steven R. Schlesinger, the union's attorney, said he remains confident that the court will ultimately back his position that only Old Brookville officers should be hired. Each side has until May 27 to submit papers.

Should that happen, Muttontown would have to pay Old Brookville police officers for the length of the contract as well as the new officers hired from other departments."I think the taxpayers of Muttontown are going to have a Hobson's choice," Schlesinger said. "If they want their own police department, they're going to end up paying twice."

But Leventhal said he was still researching whether Bucaria's order could mean that the outside hires simply have to be offered membership in the Old Brookville union.

Muttontown, which has already purchased police vehicles and uniforms, has scheduled a May 31 public swearing-in ceremony for new officers.