MATTER OF MONTANO v. CITY OF NEW YORK

0102273/2008, Motion Seq. No. #001

2008 NY Slip Op 32045 (U)

In the Matter of the Application of ESTHER MONTANO, Petitioner, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, v. THE CITY OF NEW YORK and THE NEW YORK CITY POLICE DEPARTMENT, Respondents.

Supreme Court of the State of New York, New York County.

July 21, 2008.


MARILYN SHAFER, Judge.

In this CPLR article 78 proceeding, petitioner, Ester Montano, seeks to annul a determination by respondents The City of New York (the "City") and New York City Police Department ("NYPD") terminating her from her position as a probationary NYPD police officer.

Respondents cross-move, pursuant to CPLR 3211(a)(7), to dismiss the petition.

The facts are as follows: Petitioner is a former probationary NYPD police officer. She was...

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