The New York State Labor Department has cited the Village of Tarrytown for lapses in protocol in the  deaths of  a Department of a Public Works employee and a village firefighter in September.

Anthony Ruggiero and John Kelly died  September 6 of asphyxiation after breathing in toxic sewer gases after they went into a manhole behind a firehouse in the village on Sheldon Avenue.

Initially, Ruggiero went down attempting to clear a sewer blockage and was overcome by the fumes. Kelly also succumbed to the toxic fumes after he went down to assist Ruggiero.

The New York State Department of Labor's Public Employee Safety and Health Division (PESH) has issued four violations to the Village of Tarrytown. The Village was cited for lapses in protocol, failing to provide required training and equipment for confined spaces  that "could have prevented the deaths of the two men."

PESH says the village has until February 2011 to make corrections to the violations. If they are not fixed, the village faces daily fines.

In addition, The Village of Tarrytown has 60 days to file an appeal.