Legal Opinion

Bifolco v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 2010Published

1Opinion of the Court

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered January 15, 2009, which denied petitioner’s application to annul respondent Police Commissioner’s determination terminating petitioner’s employment as a probationary police officer, and directed entry of a judgment dismissing the proceeding, unanimously affirmed, without costs.

*545The record establishes that petitioner was on restricted duty from December 29, 2006 through June 18, 2007 and, therefore, his six-month disciplinary probationary term did not begin until June 19, 2007 and did not end until December 19, 2007 (see…

2Cases cited3 opinions

  1. York v. McGuireNew York Court of Appeals · 1984
  2. Garcia v. BrattonNew York Court of Appeals · 1997
  3. Witherspoon v. HornAppellate Division of the Supreme Court of the State of New York · 2005

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