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MTR OF McANULTY v. FDNY

No. 502766/2018.

66 Misc.3d 400 (2019)

115 N.Y.S.3d 631

2019 NY Slip Op 29363

In the Matter of STEPHEN MCANULTY, Petitioner, v. FIRE DEPARTMENT OF THE CITY OF NEW YORK et al., Respondents.

Supreme Court, Kings County.

Decided November 8, 2019.

Attorney(s) appearing for the Case

Philip H. Seelig , New York City, for petitioner.

Zachary W. Carter , Corporation Counsel, New York City ( Ryan G. Shaffer and Maxwell Leighton of counsel), for respondents.

OPINION OF THE COURT

This case addresses the issue of whether the Fire Department of the City of New York (FDNY or respondent) acted arbitrarily and capriciously when it denied Stephen McAnulty (petitioner) reinstatement eight years after he resigned. Petitioner was appointed by the FDNY in May 2003 and resigned...

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