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MATTER OF GARCIA v. BRATTON

90 N.Y.2d 991 (1997)

688 N.E.2d 495

665 N.Y.S.2d 621

In the Matter of Karen E. Garcia, Appellant, v. William J. Bratton, as Police Commissioner of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 28, 1997.

Attorney(s) appearing for the Case

Giaimo & Vreeburg, P. C., Kew Gardens (Joseph O. Giaimo and Christopher J. Butler of counsel), for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Fay Ng and Pamela Seider Dolgow of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, LEVINE and WESLEY concur; Judge CIPARICK dissents and votes to reverse in an opinion in which Judges BELLACOSA and SMITH concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On October 14, 1992, petitioner Karen Garcia, a probationary officer in the New York City Police Department, was placed on modified duty pending an internal investigation into alleged misconduct on her part relating to a July 18, 1992 homicide at a Queens nightclub. After investigation of the incident, on December 29 and 30, 1993 the Department...

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