Legal Opinion
Averys v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided April 4, 1995PublishedCited by 3 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (William Davis, J.), entered November 29, 1993, which granted a petition filed pursuant to CPLR article 78 and ordered the Police Commissioner to reinstate petitioner and allow her to apply for disability retirement, unanimously reversed, on the law, and the petition denied, without costs.
Petitioner, an injured probationary New York City Police Department ("NYPD”) officer, failed to meet her burden of demonstrating that respondent acted in bad faith by terminating her prior to her being considered for disability retirement (Matter of York v McGuire, 99…
2Cases cited9 opinions
- York v. McGuireNew York Court of Appeals · 1984
- Talamo v. MurphyNew York Court of Appeals · 1976
- York v. McGuireAppellate Division of the Supreme Court of the State of New York · 1984
- Poggi v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Poggi v. City of New YorkNew York Court of Appeals · 1986
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3Cited by3 opinions
- Lingard v. KerikAppellate Division of the Supreme Court of the State of New York · 2003
- King v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Lomando v. KellyAppellate Division of the Supreme Court of the State of New York · 2006