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BORGES v. McGUIRE

107 A.D.2d 492 (1985)

Cibella R. Borges, Petitioner, v. Robert J. McGuire, as Police Commissioner of The New York City Police Department, et al., Respondents

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

April 9, 1985

Attorney(s) appearing for the Case

Joseph O. Giaimo of counsel (Peter C. Roth with him on the brief; Giaimo & Vreeburg, attorneys), for petitioner.

Leonard Koerner of counsel (Francis F. Caputo, Diane J. Morgenroth and Leslie C. Kamelhar with him on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), for respondents.

ASCH and BLOOM, JJ., concur with SANDLER, J.; KUPFERMAN, J. P., dissents in an opinion.

SANDLER, J.

In this transferred CPLR article 78 proceeding, the petitioner Cibella R. Borges seeks review and vacatur of a determination of respondents Robert J. McGuire (then New York City Police Commissioner) and Jamie A. Rios (Deputy Commissioner in Charge of Trials, NYPD) finding her guilty of charges arising out of her posing nude prior to becoming a police officer, and dismissing her from the police force...

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