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MATTER OF NUGENT v. LEEDHAM

38 A.D.2d 521 (1971)

In the Matter of Bernard H. Nugent, Petitioner, v. Charles Leedham, as Commissioner of The Department of Marine and Aviation, City of New York, Respondent

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

December 9, 1971

The petitioner, a veteran, with an 11-year unblemished record in the Department of Marine and Aviation, has been found guilty in a departmental hearing of orally threatening a Mate during the course of a voyage on a ferryboat from Manhattan to Staten Island. But the record was infirm due to a conflict in testimony as to precisely what were the words uttered by petitioner. The petitioner maintained that all he said was: "I can't wait to get off the boat". And the testimony...

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