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MATTER OF SWINDELL v. ANTONELLI

2853, 112883/09.

78 A.D.3d 472 (2010)

910 N.Y.S.2d 644

In the Matter of TAJIRI SWINDELL, Respondent, v. JOHN ANTONELLI, Acting Commissioner of the New York City Department of Correction, et al., Appellants.

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

Decided November 16, 2010.

In light of the open confidential investigation, the decision not to promote petitioner was rational, reasonable, and made in good faith. Petitioner's allegations to the contrary were conclusory and speculative (see Matter of Gomez v Hernandez, 50 A.D.3d 404, 404 [2008]), and she is not entitled to a hearing on her claims. Since no hearing is warranted, it is unnecessary to address...

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