Johnson City, NY (WBNG Binghamton) The issue still smolders after the village of Johnson City fired a firefighter in 2010.
While the courts say Robert Rauschmeier can return to the force, the village is challenging that ruling.
In 2009, Rauschmeier was arrested after neighbors observed him in full view standing naked at apartment window.
A charge of public lewdness was dismissed but the village fired him for misconduct.
New York's Appellate Division also ruled this year that there wasn't enough evidence to prove that he intended to be seen, and said Rauschmeier should be reinstated with full back pay.
The Village has now filed a motion for appeal with the Court of Appeals, arguing there was an incorrect standard of review.