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Legal Opinion

Boss v. Kelly

New York Supreme Court

Decided April 14, 2004PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael D. Stallman, J.

This CPLR article 78 proceeding seeks an order restoring petitioner police officer to full duty and challenges respondents’ determinations to continue him on modified assignment.

Background

Appointed a police officer in 1992, petitioner was indicted, tried and acquitted of criminal charges concerning the fatal shooting of Amadou Diallo on February 4, 1999. After indictment, the Police Department placed petitioner on modified assignment. After acquittal, the Department’s Firearms Discharge Review Board investigated petitioner’s conduct. In 2001, it…

2Cases cited8 opinions

  1. Kelly v. SafirNew York Court of Appeals · 2001
  2. In re Attorneys in Violation of Judiciary Law § 468-aAppellate Division of the Supreme Court of the State of New York · 1999
  3. Caruso v. WardNew York Court of Appeals · 1988
  4. Garcia v. BrattonNew York Court of Appeals · 1997
  5. McGuire v. KraneNew York Court of Appeals · 1979

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Boss v. KellyCourt of Appeals for the Second Circuit · 2009
  2. Marinen v. City of New YorkDistrict Court, S.D. New York · 2016
  3. Boss v. KellyAppellate Division of the Supreme Court of the State of New York · 2005
  4. Boss v. KellyCourt of Appeals for the Second Circuit · 2009
  5. Matter of Boss v. KellyNew York Supreme Court, New York County · 2004

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