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MTR. OF SCHADT v. SARDINO

48 A.D.2d 171 (1975)

In the Matter of John E. Schadt, Petitioner, v. Thomas J. Sardino, as Police Chief of The City of Syracuse, et al., Respondents

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

May 30, 1975

Attorney(s) appearing for the Case

Priest & Schultz (Richard D. Priest of counsel), for appellant.

Edward P. Kearse, Corporation Counsel (John R. Harder of counsel), for respondent.

MARSH, P. J., MOULE, MAHONEY and DEL VECCHIO, JJ., concur.

WITMER, J.

In this article 78 proceeding petitioner seeks annulment of the determination of Thomas J. Sardino as Chief of Police of the City of Syracuse (respondent), made December 7, 1970, dismissing him as a patrolman in the Syracuse Police Department. We reverse and annul the determination because it is based exclusively on informal statements by two witnesses who did not appear before the hearing officer...

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