MATTER OF COHEN v. McGUIRE


94 A.D.2d 664 (1983)

In the Matter of Stuart B. Cohen, Appellant, v. Robert J. McGuire, 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.

May 17, 1983


Petitioner, a member of the police force, approached the sergeant sometime prior to roll call for his assigned tour of duty and requested that he be permitted to exchange assignments with another police officer assigned to the same tour of duty. The request was denied. Following roll call and prior to departure on his tour of duty petitioner notified the sergeant that he would "go sick". He so reported before he was to start on his shift. Thereafter, and within 14 hours after...

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