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MATTER OF GARCIA v. BRATTON

225 A.D.2d 123 (1996)

649 N.Y.S.2d 703

In the Matter of Karen E. Garcia, Respondent, v. William J. Bratton, 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.

November 21, 1996

Attorney(s) appearing for the Case

Fay Ng and Pamela Seider Dolgow of counsel, New York City (Kristin Helmers on the brief; Paul A. Crotty, Corporation Counsel of New York City, attorney), for appellants.

Andrea E. Levine of counsel, Kew Gardens (Joseph O. Giaimo on the brief; Giaimo & Vreeburg, P. C., attorneys), for respondent.

ROSENBERGER and NARDELLI, JJ., concur with SULLIVAN, J.; MURPHY, P. J., and RUBIN, J., dissent in a separate opinion by MURPHY, P. J.

SULLIVAN, J.

On April 25, 1990, petitioner was appointed, subject to a twoyear term of probation, to the New York City Police Department. On October 14, 1992, prior to the expiration of her probation, petitioner was placed on modified duty and assigned to the Motor Transport Division pending an investigation into allegations that she failed to take proper police action at the scene of a shooting that resulted...

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