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MATTER OF KITTO v. CITY OF ALBANY

534050.

213 A.D.3d 1165 (2023)

185 N.Y.S.3d 343

2023 NY Slip Op 01033

In the Matter of Christofer M. Kitto, Appellant, v. City of Albany, New York Department of Police, et al., Respondents.

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

Decided February 23, 2023.

Attorney(s) appearing for the Case

Abelove Law, PC, Albany ( Joel E. Abelove of counsel), for appellant.

Marisa Franchini , Corporation Counsel, Albany ( Matthew A. Toporowski of counsel), for respondents.

Clark, Ceresia and Fisher, JJ., concur; Egan Jr., J.P., not taking part.

Appeal from a judgment of the Supreme Court (Christina L. Ryba, J.), entered June 30, 2021, in Albany County, which, in a proceeding pursuant to CPLR article 78, upon reargument, adhered to its prior decision granting respondents' motion for dismissal of the petition.

Petitioner was employed as a police officer with respondent...

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