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SMITH v. ORTIZ

136 Misc.2d 110 (1987)

Peter Smith, Plaintiff, v. Juan Ortiz, as Personnel Director of the City of New York, et al., Defendants.

Supreme Court, New York County.

April 7, 1987

Attorney(s) appearing for the Case

John P. Rudden for plaintiff. Peter L. Zimroth, Corporation Counsel (Laurie Berke-Weiss of counsel), for defendants.

DAVID B. SAXE, J.

Plaintiff Peter Smith moves pursuant to CPLR 3212 for summary judgment directing his reinstatement to the position of Probationary Police Officer in the New York City Police Department and for an immediate trial on the issue of damages.

Plaintiff was dismissed from the Police Department following a determination that he had a history of alcohol abuse which rendered him medically unqualified...

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