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MATTER OF WALSH v. KELLY

3916, 112811/08.

79 A.D.3d 552 (2010)

912 N.Y.S.2d 406

In the Matter of GARY WALSH, Petitioner, v. RAYMOND KELLY, as Police Commissioner of the New York City Police Department, et al., Respondents.

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

Decided December 16, 2010.

The hearing before the Civil Service Commission was not mandated by law and, therefore, the proceeding was improperly transferred to this Court (Matter of Mingo v Pirnie, 78 A.D.2d 984, 984-985 [1980], affd 55 N.Y.2d 1019 [1982]). Nevertheless, we decide the matter on the merits (Matter of 125 Bar Corp. v State Liq. Auth. of State of N.Y., 24 N.Y.2d...

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