Petitioner, having been charged with offenses arising from the same incident in both departmental and criminal proceedings, elected to resign rather than provide testimony at his departmental trial. Petitioner's resignation, having been strategically motivated and not the result of fraud, overreaching or other misconduct on respondents' part, was not improperly obtained and, accordingly, may not be judicially countermanded (see, Matter of Cacchioli v Hoberman,
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MATTER OF OTERO v. SAFIR
258 A.D.2d 297 (1999)
685 N.Y.S.2d 198
In the Matter of LOUIS OTERO, Appellant, v. HOWARD SAFIR, 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.https://leagle.com/images/logo.png
Decided February 9, 1999.
Decided February 9, 1999.
Appellate Division of the Supreme Court of the State of New York, First Department.
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