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MATTER OF HAYES v. NIGRO

2017-07418. Index No. 6523/16.

165 A.D.3d 1134 (2018)

84 N.Y.S.3d 370

2018 NY Slip Op 07124

In the Matter of Sean Hayes, Appellant, v. Daniel A. Nigro, as Commissioner of the Fire Department of the City of New York, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 24, 2018.

Ordered that the judgment is affirmed, with costs.

In December 2003, the petitioner became a firefighter with the Fire Department of the City of New York (hereinafter the FDNY). In 2012, the petitioner was charged, inter alia, with violating the FDNY's rules and regulations against the use of a prohibited substance. Thereafter, the petitioner entered into a stipulation and agreement with the FDNY, by which he was allowed to retire from the FDNY and vest his pension...

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