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BARRETT v. CITY OF NEW YORK

166 A.D.2d 241 (1990)

Donald Barrett, Appellant, v. City of New York et al., Respondents

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

October 11, 1990

Plaintiff, a former New York City probationary police officer, brought this plenary action to recover money damages for his allegedly wrongful and discriminatory dismissal. During his probationary period, plaintiff was arrested for driving while intoxicated and subsequently pleaded guilty. Plaintiff was suspended and later dismissed. In April 1988, he brought a CPLR article 78 proceeding in which Justice Baer found that his dismissal was neither arbitrary nor capricious....

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