Lagala v. New York City Police Department

Judgment, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered February 3, 2000, which granted respondent’s motion to dismiss petitioner’s CPLR article 78 proceeding seeking to vacate a determination of the Police Commissioner dated January 5, 1999, and to compel respondent to reinstate him to his position as a police officer, unanimously reversed, on the law, without costs, the motion to dismiss the petition denied, the petition reinstated and granted to the extent of remanding the matter to respondent for reconsideration of the sanction.

*206It is well settled that an…