13-338. THE CITY OF NEW YORK, plf-res, v. MANUEL PEREZ, def-app — Appeal from decision (Margaret A. Chan, J.), “entered” January 14, 2013, deemed an appeal from the ensuing judgment (same court and Judge), entered on or about March 25, 2013, and so considered (see CPLR 5520[c]), judgment, affirmed, with $25 costs.
Giving proper effect to the clear terms of the loan agreements sued upon, the trial court properly awarded plaintiff City of New York a recovery of the balance shown to be due on the tuition loans previously advanced to defendant in connection with his participation in the Police Cadet Corps Program. As the court properly recognized, defendant may not avoid his firmly established loan debt by seeking to invoke the identically worded loan forgiveness provisions set forth in paragraph 6 of the agreements, which, by their express terms, were to be triggered in circumstances, not present here, where the loan recipient “remain[s] in the employment of the [New York City] Police Department as a uniformed member for a period of two (2) years.” The contrary contention urged by defendant — that his service as a police cadet itself satisfied the two-year “uniformed member” requirement — is not easily reconciled with several key provisions of the loan agreements, particularly the requirement plainly appearing in paragraph 5 obligating a cadet to accept “a position as police officer in the City of New York” upon the Police Department’s offer of such a position. Moreover, adoption of defendant’s reading of paragraph 6 would serve to undermine the stated purpose of the loan agreements to “increase[e] the overall educational level of the officers serving in the [Police] Department” and lead to an unintended result (see generally Currier, McCabe & Assoc., Inc. v. Maher, 75 AD3d 889, 892 [2010]).
