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MATTER OF SMITH v. O'NEILL

10863, 101618/17.

179 A.D.3d 570 (2020)

2020 NY Slip Op 00507

In the Matter of Jennifer Smith et al., Respondents, v. James P. O'Neill et al., Appellants.

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

Decided January 23, 2020.

The article 78 court correctly concluded that a hearing was necessary to determine the rationality of the police commissioner's denial of the request by members of the New York City Police Department's Evidence Collection Team (ECT) to be designated detectives, third grade, pursuant to Administrative Code of City of NY § 14-103(b)(2). For purposes of that section, the rationality of respondent's classification of the ECT as a nondetective track unit "is tested by whether...

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