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MATTER OF PANTALEO v. O'NEILL

Index No. 101662/19. Appeal No. 13347. Case No. 2020-02629.

192 A.D.3d 598 (2021)

2021 NY Slip Op 01857

In the Matter of Daniel Pantaleo, Petitioner, v. James P. O'Neill et al., Respondents.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

Worth, Longworth & London, LLP, New York ( Kyle R. Silverstein of counsel), for petitioner.

James E. Johnson , Corporation Counsel, New York ( Elina Druker of counsel), for respondents.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, JJ.

On July 17, 2014, petitioner was one of several officers involved in the arrest of Eric Garner for allegedly selling loose, untaxed cigarettes. During the course of the arrest petitioner placed Garner in a chokehold. This means of restraint, which is prohibited by the NYPD's Patrol Guide, contributed to Garner's death.

In December 2014, a Richmond County grand jury declined to indict petitioner. The US Department of Justice also conducted an investigation into Garner...

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