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MATTER OF SEXTON v. KELLY

Nos. 7577, 110467/09.

95 A.D.3d 544 (2012)

943 N.Y.S.2d 516

2012 NY Slip Op 3561

In the Matter of ISRAEL SEXTON, Petitioner, v. RAYMOND W. KELLY et al., Respondents.

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

Decided May 8, 2012.

Regardless of whether the proceeding was properly transferred pursuant to CPLR 7804 (g), this Court retains jurisdiction in the interest of judicial economy (see e.g. Matter of Whyte v Horn, 38 A.D.3d 362 [2007]).

The Commissioner's determination—that, pursuant to the Police Department's Patrol Guide Procedure No. 211-09, petitioner was required to give notice of his intention...

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