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IN THE MATTER OF CITY OF NEW YORK v. NEW YORK CITY CIVIL SERVICE COMMISSION

6 N.Y.3d 855 (2006)

849 N.E.2d 942

816 N.Y.S.2d 719

In the Matter of CITY OF NEW YORK et al., Respondents, v. NEW YORK CITY CIVIL SERVICE COMMISSION, Respondent, and MICHAEL A. CIACCIULLO, Appellant. In the Matter of MICHAEL A. CIACCIULLO, Appellant, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 2, 2006.

Attorney(s) appearing for the Case

Worth Longworth & London, LLP, New York City (Howard B. Sterinbach of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Cheryl Payer, Stephen J. McGrath and Eric Eichenholtz of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, with costs.

Following several examinations demonstrating a psychological condition related to job stress, in 1992 petitioner was placed on ordinary disability retirement as a New York City Housing Authority police officer. In 1998 petitioner sought reinstatement as a police officer with the New York City Police Department (NYPD) (which in 1995 had merged with...

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