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MATTER OF BOSS v. KELLY

3 Misc.3d 936 (2004)

776 N.Y.S.2d 772

In the Matter of KENNETH BOSS, Petitioner, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

Supreme Court, New York County.

April 14, 2004.

Attorney(s) appearing for the Case

Edward W. Hayes, PC., New York City, for petitioner.

Michael A. Cardozo, Corporation Counsel, New York City (Sara Mason of counsel), for respondents.

OPINION OF THE COURT

MICHAEL D. STALLMAN, J.

This CPLR article 78 proceeding seeks an order restoring petitioner police officer to full duty and challenges respondents' determinations to continue him on modified assignment.

Background

Appointed a police officer in 1992, petitioner was indicted, tried and acquitted of criminal charges concerning the fatal shooting of Amadou Diallo on February 4, 1999. After indictment, the Police Department...

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