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MTR. OF BRIGGINS v. MCGUIRE

122 Misc.2d 1026 (1983)

In the Matter of Charles Briggins, Petitioner, v. Robert J. McGuire, as Police Commissioner of the Police Department of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

December 12, 1983

Attorney(s) appearing for the Case

Richard Hartman and Jeffrey Wasserman for petitioner. Frederick A. O. Schwarz, Jr., Corporation Counsel (Susan Wagner of counsel), for respondents.

RICHARD LEE PRICE, J.

In accordance with this court's decision of April 13, 1983 (118 Misc.2d 964), granting this CPLR article 78 petition to the extent of directing the respondent to file and serve an answer, petitioner now moves to have this action restored to the calendar and determined on the merits.

Respondent's earlier motion to dismiss was granted to the extent of holding that petitioner is not entitled...

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