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MATTER OF CISCO v. McALEVEY

42 A.D.2d 567 (1973)

In the Matter of Lynn H. Cisco, Petitioner, v. John F. McAlevey et al., Respondents

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

June 4, 1973

Determination annulled, with costs, on the law, and petitioner is reinstated as a patrolman, as of May 6, 1969, but with his right to back pay, less interim earnings, relegated to a separate action.

The evidence adduced at the departmental hearing is totally insufficient to support the findings of the hearing officer that petitioner (1) was absent without leave and explanation from his position as a patrolman for more than...

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