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IN THE MATTER OF BOSS v. KELLY

17 A.D.3d 269 (2005)

793 N.Y.S.2d 423

In the Matter of KENNETH BOSS, Appellant, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 26, 2005.

Petitioner is one of four police officers involved in the 1999 fatal shooting of Amadou Diallo. Although cleared of all criminal and departmental charges related to the shooting, petitioner has been continued on "modified assignment," and the Commissioner has refused his request to be restored to full duty armed status. In this CPLR article 78 proceeding, petitioner has successfully challenged his retention on modified assignment. As the IAS court found, the Police Department...

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