MATTER OF ALLOCCA v. KELLY


44 A.D.3d 308 (2007)

844 N.Y.S.2d 195

In the Matter of JAMES ALLOCCA, Appellant, v. RAYMOND 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.

Decided October 2, 2007.


Petitioner was appointed as a probationary police officer, but was later terminated after it was determined that he committed fraud on his application. Petitioner appealed to the New York City Civil Service Commission (Commission), which, following a hearing, directed that he be reinstated to his position as a police officer. Petitioner appeared for a mandatory medical examination and was found not qualified for reinstatement at which point he commenced the instant proceeding...

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