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MATTER OF ATKINSON v. KELLY

2017-04742, Index No. 2365/16.

175 A.D.3d 1406 (2019)

109 N.Y.S.3d 335

2019 NY Slip Op 06601

In the Matter of Ricardo Atkinson, Respondent, v. Robert Kelly, as Commissioner of the City of Mount Vernon Police Department, et al., Appellants.

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

September 18, 2019.

Attorney(s) appearing for the Case

Coughlin & Gerhart, LLP, Binghamton, NY ( Paul J. Sweeney and Shannon E. Kane of counsel), for appellants.

Charny & Wheeler, Rhinebeck, NY ( Russell G. Wheeler of counsel), for respondent.

Dillon, J.P., Cohen, Duffy and Christopher, JJ., concur.

Ordered that the judgment is affirmed, with costs.

The petitioner was a civilian prisoner attendant employed by the City of Mount Vernon Police Department (hereinafter the Police Department). On July 27, 2015, a detainee died in her holding cell at police headquarters while the petitioner was on duty. The New York State Attorney General's Office (hereinafter the OAG) investigated the death of the detainee and issued a report noting that it had recommended to the Police...

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