CATSKILL – Two New York City Department of Environmental Protection police officers who were brought up on misconduct charges have been cleared.

An administrative law judge ruled that Officers Gianfranco Nuccio and Michael Williamson did not commit misconduct when they responded to a domestic violence all when on patrol near the Ashokan Reservoir in Ulster County on October 2, 2007.

The officers received a 911 call while on patrol of an incident on County Route 28 at a residence across from the reservoir. After no response from the first Ulster 911”poll” for police response, the officers, who were five minutes away, responded.

They were familiar with the residence since they had been there before for prior domestic violence and environmental related calls and they knew one of the occupants was a prior felon.

While responding, the officers sought supervisory permission, which was delayed due to the unavailability of the nearest assigned sergeant. The request was ultimately denied by another duty sergeant, but later approved by a department inspector when they officers said they were on the scene.

The officers found a bloody man in the driveway of the residence and maintained the scene until local and state police arrived.

The inspector who approved the response later brought charges against the two for violating the interim order.

“These officers should have been commended for their behavior not charged with misconduct,” said Kenneth Wynder, president of the Law Enforcement Employees Benevolent Association, following the judge’s decision. “This same agency has had officers commit crimes and not be charged with any misconduct. It is ridiculous to then have to justify the actions of good officers.”

Union counsel and attorney Terrence Dwyer said this is a case “that should have never gone as far as it did.”