McMillian v. Kerik

—Order, Supreme Court, New York County (Walter Tolub, J.), entered April 3, 2002, which denied and dismissed petitioner’s CPLR article 78 petition, unanimously vacated, and the proceeding brought by petitioner pursuant to CPLR article 78 treated as if it had been transferred to this Court for de novo review pursuant to CPLR 7804 (g), and upon such review, respondent’s determination dismissing petitioner from his position as a New York City police officer and implicitly denying his application for back pay unanimously modified, on the law, to grant the petition insofar as to award petitioner…