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MATTER OF DUFFY v. WARD

143 Misc.2d 851 (1989)

In the Matter of John Duffy, Petitioner, v. Benjamin Ward, as Police Commissioner of the City of New York, et al., Respondents.

Supreme Court, New York County.

April 24, 1989

Attorney(s) appearing for the Case

Lysaght, Lysaght & Kramer (Raymond E. Kerno of counsel), for petitioner. Peter L. Zimroth, Corporation Counsel, for resondent.

CHARLES E. RAMOS, J.

This is a petition, pursuant to CPLR article 78 challenging the decision of the respondents which dismissed the petitioner from his position as a police officer. The respondents cross-move for dismissal of the petition pursuant to section 30 (1) (e) of the Public Officers Law on the grounds that petitioner's office was automatically vacated by operation of the law upon his conviction of...

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