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  5. 26 A.D.2d 199 (1966)
 

MTR. OF STISSER v. ROAN

26 A.D.2d 199 (1966)

In the Matter of Charles R. Stisser, Appellant, v. Peter F. Roan, as City Manager of The City of Schenectady, Respondent

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

July 15, 1966.

Attorney(s) appearing for the Case

Lambert L. Ginsberg for appellant.

Adam F. Ciesinski, Corporation Counsel (Leonard J. Litz of counsel), for respondent.

REYNOLDS and AULISI, JJ., concur with STALEY, JR., J.; HERLIHY, J. P., dissents and votes to reverse, in an opinion, in which TAYLOR, J., concurs.

STALEY, JR., J.

This is an appeal from an order denying petitioner's application for a judgment directing a hearing of certain charges against two police officers of the City of Schenectady.

On April 30, 1964, the petitioner forwarded a letter to the respondent charging that on January 14, 1964, he was assaulted by a police officer of the City of Schenectady, arrested and booked at Police Headquarters...

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