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MATTER OF ROBERSON v. WARD

278 A.D.2d 180 (2000)

718 N.Y.S.2d 331

In the Matter of CEDRIC T. ROBERSON, Appellant, v. BENJAMIN WARD, 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.

Decided December 28, 2000.

In the instant proceeding, brought in 1999, 11 years after petitioner's 1988 automatic termination as a police officer upon his misdemeanor conviction of menacing in the third degree, petitioner claims that he was entitled to a pretermination hearing as announced in Matter of Foley v Bratton (92 N.Y.2d 781 [1999]). The proceeding is barred by laches (see, Austin v Board of Higher Educ., 5 N.Y.2d 430

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