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In the Matter of Anthony Rivera, Appellant, v. Howard E. Safir, as Police Commissioner of the City of New York, et al., Respondents

New York Supreme Court, Appellate Division2000-02-17
269 A.D.2d 257702 N.Y.S.2d 830

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Opinion

majority opinion

—Order, Supreme Court, New York County (Bruce Allen, J.), entered June 23, 1999, which denied petitioner’s application pursuant to CPLR article 78 to annul his termination as a probationary police officer with the New York City Police Department, unanimously affirmed, without costs.

Petitioner’s contention that, pursuant to McKinney’s Unconsolidated Laws of NY § 891 (L 1940, ch 834), he was entitled to a pretermination hearing notwithstanding his probationary status has recently been rejected by this Court (see, Matter of Williams v Safir, 265 AD2d 182, lv denied 94 NY2d 758), and the present matter affords no reason to reach a different result. Concur — Tom, J. P., Rubin, Andrias, Buckley and Friedman, JJ.