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IN THE MATTER OF BLAICH v. SCOPPETTA

12 A.D.3d 269 (2004)

784 N.Y.S.2d 542

In the Matter of PETER W. BLAICH, Appellant, v. NICHOLAS SCOPPETTA, as Commissioner of the New York City Fire Department, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 18, 2004.

Petitioner's interpretation of Administrative Code of the City of New York § 15-111 (a) (1) misconstrues the word "immediately," modifying the word "prior," found in the statute, i.e., the Police Department service must have been "immediately prior" to the Fire Department service. Here, petitioner was not appointed to the Fire Department until some three months after he resigned from the Police Department, a disqualifying break...

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