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MATTER OF WHITFIELD v. BAILEY

110706/08, 6546N, 6547N, 6547NA, M-5034, M-5206

91 A.D.3d 491 (2012)

939 N.Y.S.2d 2

2012 NY Slip Op 130

In the Matter of JOHN WHITFIELD, Appellant, v. PATRICIA J. BAILEY, Individually and as FOIL Appeal Officer for the New York County District Attorney's Office, Respondent.

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

Decided January 12, 2012.

In the interest of justice, we nostra sponte grant petitioner leave to appeal from the aforesaid orders, which were "made in a proceeding against a body or officer pursuant to article 78" and therefore not appealable as of right (CPLR 5701 [b] [1]; see Matter of Peckham v Calogero, 54 A.D.3d 27, 30-31 [2008], affd 12 N.Y.3d 424 [2009]).

Petitioner failed to show by clear and convincing...

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