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MATTER OF TABONE v. CODD

54 A.D.2d 543 (1976)

In the Matter of Joseph C. Tabone, Appellant, v. Michael J. Codd, as Police Commissioner of The City of New York, et al., Respondents In the Matter of Thomas Golden, Appellant, v. Michael J. Codd, as Police Commissioner of The City of New York, et al., Respondents

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

September 28, 1976

Unanimously affirmed, without costs and without disbursements.

As to Tabone: The fact that the grade received by petitioner in a fifth or supplemental examination raised his academic average above the 70% level did not mandate his retention as a probationary police officer. It appears that respondent police commissioner in arriving at his determination reviewed petitioner's entire record. An evaluation of petitioner's scholastic career at the academy warranted the...

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