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MATTER OF GOING v. KENNEDY

5 A.D.2d 173 (1958)

In the Matter of Peter E. Going, Respondent, v. Stephen P. Kennedy, 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.

February 4, 1958.

Attorney(s) appearing for the Case

Anthony Curreri of counsel (Seymour B. Quel and Arthur H. Geisler with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellants.

Samuel Resnicoff for respondent.

BREITEL, J. P., RABIN and BERGAN, JJ., concur.

BASTOW, J.

In this article 78 proceeding the respondents, the police commissioner and other city officials, appeal from an order vacating the commissioner's determination dismissing petitioner from his position as a probationary patrolman. His reinstatement was directed with back pay from July 31, 1955. The facts are substantially undisputed. One area of dispute upon the trial as to the date of service of the...

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