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MATTER OF CATALANO v. FRANK

40 A.D.2d 993 (1972)

In the Matter of Charles R. Catalano, Respondent, v. Lewis J. Frank, as Commissioner of Police, County of Nassau, et al., Appellants

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

December 11, 1972

Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing and a new determination.

In our opinion there is a question of fact as to whether petitioner was coerced into executing the form declining appointment to the Nassau County Police Department. A hearing should be held on this factual issue. (Cf. Matter of Cacchioli v. Hoberman, 31 N.Y.2d 784

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