Webster v. Police Department

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about September 10, 2007, which, in a CPLR article 78 proceeding challenging respondent Police Department’s determination to dismiss petitioner as an Auxiliary Police Officer, after a hearing, granted respondent’s cross motion to dismiss the petition as barred by the statute of limitations, unanimously reversed, on the law, without costs, the cross motion denied, and the matter remanded for further proceedings.

Petitioner testified, without contradiction, that several months after being told not to go out on patrol,…