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MATTER OF HAYS v. WARD

144 Misc.2d 227 (1989)

In the Matter of Rudolph Hays, Petitioner, v. Benjamin Ward, as Police Commissioner of the Police Department of the City of New York, et al., Respondents.

Supreme Court, New York County.

May 25, 1989

Attorney(s) appearing for the Case

Joseph Fallek, P. C. (Andrew M. Fallek of counsel), for petitioner. Peter L. Zimroth, Corporation Counsel (Ruby Bradley and Alan J. Harris of counsel), for respondents.

BRUCE McM. WRIGHT, J.

In this CPLR article 78 proceeding, petitioner, a former police officer, seeks an order directing respondents to hold a reinstatement hearing pursuant to Public Officers Law § 30 (1) (e), as well as a name-clearing hearing. Respondents have cross-moved for an order pursuant to CPLR 3211 (a) (5), (7) and 7804 (f), dismissing the petition on the grounds that it is time barred and fails...

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