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TORRES v. NY POLICE DEPT.

147 Misc.2d 137 (1990)

In the Matter of Alfred Torres, Petitioner, v. New York City Police Department, 120 Precinct of Richmond County, Respondent.

Supreme Court, Richmond County.

May 2, 1990

Attorney(s) appearing for the Case

Alfred Torres, petitioner pro se. (Peter L. Zimroth, Corporation Counsel (Maura E. Brogan of counsel), for respondent.

CHARLES A. KUFFNER, JR., J.

Petitioner brings this CPLR article 78 proceeding for a peremptory order of mandamus to compel the respondent to perform a duty, which petitioner claims, the law requires be performed.

Respondent cross-moves for dismissal of the petition for petitioner's failure to comply with a necessary condition precedent, i.e., the filing of a notice of claim pursuant to General Municipal...

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