MATTER OF TOOLASPRASHAD v. KELLY

4114, 109964/06.

80 A.D.3d 530 (2011)

915 N.Y.S.2d 267

In the Matter of RUDRANU TOOLASPRASHAD, Respondent, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Appellants.

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

Decided January 27, 2011.


The hearing officer's determination that petitioner's failure to appear for the hearing was without good cause was based on his finding that respondents had made diligent efforts to serve petitioner with the charges against him and to notify him of the hearing and that petitioner had not provided proper contact information in Peru, where he was on leave. However, while the transcript of the hearing reflects that certain proof of service was submitted, the sole evidence of...

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