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MATTER OF SHORT v. SAFIR

267 A.D.2d 114 (1999)

699 N.Y.S.2d 691

In the Matter of THOMAS SHORT, Respondent, v. HOWARD SAFIR, 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.

Decided December 16, 1999.

Respondents should have been afforded an opportunity to answer, there being nothing about their motion to dismiss to make it appear that their only defenses were those being raised in the motion (CPLR 7804 [f]; see, Matter of Nassau BOCES Cent. Council of Teachers v Board of Coop. Educ. Servs., 63 N.Y.2d 100, 103; compare, Matter of Davila v New York City Hous. Auth., 190 A.D.2d 511,

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