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MATTER OF KOPEC v. KELLY

221 A.D.2d 252 (1995)

634 N.Y.S.2d 65

In the Matter of John Kopec, Appellant, v. Raymond Kelly, 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.

November 28, 1995

Petitioner was shot by a fellow police officer, with whom he was romantically involved, while visiting her in her home and off-duty, and claims that he was attempting to disarm her. While petitioner's off-duty status does not necessarily preclude a line-of-duty finding, it is also true that petitioner's attempt to disarm his assailant does not, as the IAS Court aptly put it, necessarily "transform a personal drama in which he was...

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