ALLIANO v. ADAMS


2 A.D.2d 532 (1956)

In the Matter of Anthony Alliano, Respondent, v. F. W. H. Adams, as Police Commissioner of The City of New York, et al., Appellants

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

November 27, 1956.


Attorney(s) appearing for the Case

Henry J. Shields of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel), for appellants.

Samuel Resnicoff for respondent.

BREITEL, J. P., BOTEIN, RABIN, FRANK and VALENTE, JJ., concur.


Per Curiam.

The police commissioner dismissed the petitioner from the position of patrolman on the last day of his probationary service. The circumstances thereof are not pertinent to the determination of this appeal. An article 78 proceeding was initiated some 20 months after the termination of his services.

Special Term overruled the appellants' contention that the application was barred by section 1286 of the Civil Practice Act and vacated and annulled...

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