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MATTER OF RODRIGUEZ v. SEWELL

Index No. 151589/22. Appeal No. 1097. Case No. 2023-00117.

221 A.D.3d 550 (2023)

201 N.Y.S.3d 11

2023 NY Slip Op 06102

In the Matter of Frank Rodriguez, Appellant, v. Keechant Sewell, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided November 28, 2023.

Attorney(s) appearing for the Case

Law Office of John A. Scola, PLLC, New York ( John A. Scola of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Kate Fletcher of counsel), for respondents.

Concur—Oing, J.P., Gesmer, Mendez, Shulman, Rodriguez, JJ.

Judgment, Supreme Court, New York County (Lyle E. Frank, J.), entered on or about July 7, 2022, denying the petition to annul a November 12, 2021 determination of the New York City Police Department (NYPD), which dismissed petitioner from his position as an NYPD Lieutenant effective November 10, 2021, or, in the alternative, to allow petitioner to vest his pension benefits with the NYPD, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed...

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