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MATTER OF KERCADO v. WARD

166 A.D.2d 280 (1990)

In the Matter of Michael Kercado, Appellant, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

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

October 16, 1990

Petitioner, who passed an examination for promotion to sergeant and was certified as an eligible candidate for the position, was "passed over" three times by the Commissioner in light of a pending internal investigation into a complaint alleging petitioner's involvement with drug dealing. The complaint eventually proved to be unfounded and the Commissioner restored petitioner to the eligible list. However, the eligibility list expired...

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