WHITE PLAINS - A judge has dismissed some of the charges against two firefighters accused of pouring gasoline down a firehouse drain before an explosion a few blocks away badly burned two people.

State Supreme Court Justice Lester Adler ruled Monday that there was insufficient proof that the gas disposal caused the May 2004 explosion or that the firefighters, Paul Cappello and Miguel Valle, could have predicted the sequence of events that led to the injuries.

The judge dismissed assault and official misconduct charges against the firefighters after reviewing grand jury records of the case presented last year by the district attorney's office. Cappello and Valle still face charges of reckless endangerment and violating environmental conservation laws.

Prosecutors said the men were getting rid of the gas because it had been contaminated with water when they poured the fuel from a fireboat down a slop sink at the Sleepy Hollow fire headquarters.

Authorities had alleged that the gasoline flowed through the sewer system to a public housing complex, and that vapors were ignited later the same day by two maintenance workers using an electric pump, leaving both badly burned.

At the time, Cappello was assistant fire chief and a police officer in Sleepy Hollow.

Cappello and Valle were indicted last year on charges of assault, official misconduct, environmental crimes and other offenses. They pleaded not guilty at their arraignments in December.

Prosecutors have 30 days to appeal the judge's ruling or seek a new indictment from another grand jury. A spokesman for Westchester District Attorney Janet DiFiore said prosecutors were reviewing the decision.

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Information from: The Journal News, http://www.thejournalnews.com

AP-ES-06-23-06 0855EDT