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MATTER OF D'EMIDIO v. ADAMS

1 A.D.2d 887 (1956)

In the Matter of Daniel G. D'Emidio, Respondent, v. Francis W. H. Adams, as Police Commissioner of The City of New York, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 30, 1956

The police commissioner has the direct responsibility of passing on the satisfactory nature of the probationary civil service record before he makes a permanent appointment of a patrolman in the police department. If the commissioner acts on mere suspicion, or not in good faith, a triable issue may be presented to determine whether the decision was arbitrary (Matter of Maynard v. Monaghan, 284 App. Div. 280, 283; Matter of Hamilton v. Monaghan, 285 App. Div...

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