MATTER OF FOLBORG v. BRATTON


227 A.D.2d 108 (1996)

641 N.Y.S.2d 656

In the Matter of William C. Folborg, Petitioner, v. William Bratton, as Police Commissioner of The City of New York, Respondent

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

May 2, 1996


Respondent was not barred by Civil Service Law § 75 (4) from bringing the fraud charges against petitioner. While the proceedings were not commenced within 18 months of the alleged fraudulent misconduct, the facts alleged would, if proved in court, constitute a crime, namely larceny by false promise (Penal Law § 155.05 [2] [d]), and therefore the proceeding with respect to the fraud-related charges was not time-barred under Civil Service Law § 75 (4) (see...

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