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MATTER OF LINGARD v. KERIK

303 A.D.2d 286 (2003)

755 N.Y.S.2d 616

In the Matter of DONNA LINGARD, Appellant, v. BERNARD B. KERIK, 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 March 20, 2003.

The court properly concluded that petitioner, who had been placed on dismissal probation, had been discharged because of her conduct, and not to prevent her from obtaining disability benefits (see Matter of Nelson v Abate, 205 A.D.2d 454, 455 [1994]; cf. Averys v Kelly, 214 A.D.2d 309, 310 [1995], lv denied 86 N.Y.2d 703 [1995]). While there had been delays in commencing the disciplinary...

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