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MATTER OF BIFOLCO v. KELLY

3904, 102445/08.

79 A.D.3d 544 (2010)

912 N.Y.S.2d 4132

In the Matter of MICHAEL BIFOLCO, Appellant, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided December 16, 2010.

The record establishes that petitioner was on restricted duty from December 29, 2006 through June 18, 2007 and, therefore, his six-month disciplinary probationary term did not begin until June 19, 2007 and did not end until December 19, 2007 (see Matter of Garcia v Bratton, 90 N.Y.2d 991, 992-993 [1997]). Because the incidents leading to petitioner's dismissal occurred on August 3...

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