Appellate Division of the Supreme Court of the State of New York January 25, 2005 (Budd v. Kelly)

*438Order and judgment (one paper), Supreme Court, New York County (Faviola A. Soto, J.), entered October 20, 2003, denying the petition brought pursuant to CPLR article 78 seeking to annul respondent Police Commissioner’s termination of petitioner’s employment without a hearing, but remanding the matter to respondent Police Department for a name-clearing hearing, unanimously affirmed, without