Montella v. Kelly

—In this CPLR article 78 proceeding (transferred to this Court by order of the Supreme Court, New York County [Eugene Nardelli, J.], entered April 2, 1993), the petition is granted to the extent of annulling respondent’s determination dated November 18, 1992, which dismissed petitioner from his position as a police officer, and remanding the matter to respondent for a new hearing, without costs.

Given the Trial Commissioner’s obvious disregard of the favorable results of petitioner’s polygraph examination on the issue of whether his ingestion of cocaine was unwitting, which she dismissed as…