MATTER OF FITZPATRICK v. LEARY


34 A.D.2d 517 (1970)

In the Matter of Edward J. Fitzpatrick, Petitioner, v. Howard R. Leary, as Police Commissioner of The Police Department of the City of New York, Respondent

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

March 5, 1970


Determination of Police Commissioner, dated April 12, 1966, dismissing petitioner from the Police Department, unanimously annulled, on the law, only to the extent of dismissing the specifications of Charges 5 and 6, and is otherwise confirmed, with $50 costs and disbursements to respondent.

Respondent concedes that a finding against petitioner on Charges 5 and 6 is unsupported by the evidence. There is substantial evidence supporting the other equally serious charges...

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