MATTER OF ACEVEDO v. BROWN


195 A.D.2d 164 (1994)

In the Matter of Angel Acevedo, Respondent, v. Lee P. Brown, as Police Commissioner of The City of New York, et al., Appellants

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

January 27, 1994


Attorney(s) appearing for the Case

Barry P. Schwartz of counsel, New York City (Carita R. Zimmerman and Leonard Koerner with him on the brief; O. Peter Sherwood, Corporation Counsel of New York City, attorney), for appellants.

Raymond E. Kerno of counsel, Lake Success (Lysaght, Lysaght & Kramer, P. C., attorneys), for respondent.

ELLERIN, J. P., WALLACH and NARDELLI, JJ., concur.


KUPFERMAN, J.

Petitioner was initially terminated as a probationary police officer on April 30, 1986. The basis for such action was his failure to disclose on a medical history questionnaire dated December 21, 1984 that he had a history of frequent headaches and a back condition, although such conditions, as well as an incident on June 27, 1978 when petitioner, who was employed at the time as a meter reader...

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