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1st dept 2d dept 4th dept AD2d aﬂirmed agreement Albany County alleged App Div appeal dismissed Appellate Division application arbitration Argued Assn beneﬁts Board of Educ BREITEL and Judges Bronx County cause of action certiﬁcate charge Chief Judge BREITEL City claim constitutional conviction Corp costs Court at Special Court of Appeals CPLR crime decided June decided October defendant defendantís determination Dissenting election entered Erie County evidence ex rel F Supp fact ﬁnding ﬁrst degree FUCHSBERG GABRIELLI Grand Jury granted issue Jones Judges JAsEN Justice Kings County Matter memorandum ment Misc 2d modiﬁed motion to dismiss Nassau County NY2d oﬂicer Onondaga County Opinion Order affirmed parties petition petitioner petitionerís plaintiff police proceeding pursuant Queens County record respondent reversed Second Judicial Department sentence signiﬁcant Special Term speciﬁc statute subd subdivision subpoena Suffolk County supra Supreme Court testimony tion trial court WACHTLER Westchester County York County