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In the Matter of MICHAEL D'ANGELO, Respondent, v. NICHOLAS SCOPETTA, as Commissioner of the Fire Department of the City of New York, et al., Appellants.

Ordered that the judgment is affirmed, with costs.

Contrary to the appellants' contentions, the subject letter dated June 5, 2008, cannot be properly characterized as a "critical evaluation[]" or " Holt" letter [ Holt v Board of Educ. of Webutuck Cent. School Dist., 52 NY2d 625, 633; see Myers v Chester Union Free School Dist., 300 AD2d 287, 287-288; Matter of Civil Serv. Empls. Assn. v Southold Union Free School Dist., 204 AD2d 445, 446-447). Moreover, the record does not substantiate the appellants' contention that there is "ample evidence" that they comported with the requirements of due process. Accordingly, the Supreme Court properly granted the petition to the extent of annulling the determination and directing that the subject letter be expunged from the petitioner's Equal Employment Opportunity Office file ( see Matter of Civil Serv. Empls. Assn. v Southold Union Free School Dist., 204 AD2d at 447).

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IN RE MICHAEL D'ANGELO
(Feb 15, 2011)