McKenzie v. Schembri

Order and judgment (one paper), Supreme Court, New York County (Leland DeGrasse, J.), entered November 15, 1995, which granted respondents’ motion for leave to renew a prior judgment annulling respondents’ termination of petitioner as a probationary correction officer, and, upon renewal, denied the application pursuant to CPLR article 78 and dismissed the petition, unanimously affirmed, without costs.

Renewal was properly granted because the ground on which the determination was annulled, namely, that petitioner was terminated after his period of probation had expired, was first raised by…