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MATTER OF D'ANGELO v. SCOPETTA

2010-00412.

81 A.D.3d 820 (2011)

916 N.Y.S.2d 807

In the Matter of MICHAEL D'ANGELO, Respondent, v. NICHOLAS SCOPETTA, as Commissioner of the Fire Department of the City of New York, et al., Appellants.

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

Decided February 8, 2011.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellants' contentions, the subject letter dated June 5, 2008, cannot be properly characterized as a "critical evaluation[ ]" or "Holt" letter (Holt v Board of Educ. of Webutuck Cent. School Dist., 52 N.Y.2d 625, 633 [1981]; see Myers v Chester Union Free School Dist., 300 A.D.2d 287, 287-288 [2002...

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