Order, entered on January 21, 1963, denying plaintiff's motion for summary judgment and granting defendant's cross motion for summary judgment and dismissing the complaint, and the judgment entered upon said order on January 28, 1963, are unanimously reversed, on the law, and summary judgment is directed in favor of plaintiff, without costs.
Plaintiff, a patrolman in the Police Department of the City of New York, was suspended without pay pending trial of departmental...
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