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MATTER OF CASALBORE v. McGUIRE

87 A.D.2d 553 (1982)

In the Matter of Robert Casalbore, Respondent, v. Robert J. McGuire, 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.

March 23, 1982

Reversed, on the law, without costs, and the petition is dismissed.

In assigning petitioner to limited-duty status, and removing him from sick-leave status, respondents acted in justifiable reliance on qualified medical opinions. We do not agree with Special Term's implicit view that the action taken was arbitrary or that an issue of fact was presented that required...

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