Boss v. Kelly

Order and judgment (one paper), Supreme Court, New York County (Michael D. Stallman, J.), entered May 3, 2004, which, to the extent appealed from, denied the petition to restore to *270full duty as a New York City police officer, unanimously affirmed, without costs.

Petitioner is one of four police officers involved in the 1999 fatal shooting of Amadou Diallo. Although cleared of all criminal and departmental charges related to the shooting, petitioner has been continued on “modified assignment,” and the Commissioner has refused his request to be restored to full duty armed status. In this CPLR…