Appellate Division of the Supreme Court of New York, 1996

Travers v. Bratton

Travers v. Bratton
Appellate Division of the Supreme Court of New York · Decided November 21, 1996 · Murphy, Rubin
233 A.D.2d 216; 650 N.Y.S.2d 533; 1996 N.Y. App. Div. LEXIS 12031
Travers v. Bratton

Dissenting Opinion

Murphy, P. J. and Rubin, J.,

dissent in a memorandum by Murphy, P. J., as follows: In accordance with the views expressed in my dissent in Matter of Garcia v Bratton (225 AD2d 123,128 [decided herewith]), I would reverse the decision of the Supreme Court, reinstate and grant the petition, and annul the determination of the Commissioner terminating petitioner from the employ of the New York City Police Department.

Opinion of the Court

Order, *217Supreme Court, New York County (David Saxe, J.), entered January 31, 1995, dismissing petitioner’s article 78 petition challenging his termination as a probationary police officer with the New York City Police Department, affirmed, without costs or disbursements, for the reasons set forth in Matter of Garcia v Bratton (225 AD2d 123 [decided herewith]). Concur— Sullivan, Rosenberger and Nardelli, JJ.

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