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MATTER OF THOMAS v. CODD

51 A.D.2d 418 (1976)

In the Matter of Reginald Thomas, Petitioner, v. Michael J. Codd, as Police Commissioner of The City of New York, et al., Respondents In the Matter of Lawrence Finucane, Petitioner, v. Michael J. Codd, as Police Commissioner of The City of New York, et al., Respondents In the Matter of Henry Austin, Petitioner, v. Michael J. Codd, as Police Commissioner of The City of New York, et al., Respondents

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

April 8, 1976

Attorney(s) appearing for the Case

Edwin Ira Schulman of counsel (Schulman & Laifer, attorneys), for petitioner in first above-entitled proceeding.

Carmine J. Perrotta for petitioners in second and third above-entitled proceedings.

Francis F. Caputo of counsel (L. Kevin Sheridan and Michael Ambrosio with him on the brief; W. Bernard Richland, Corporation Counsel), for respondents.

MARKEWICH, J. P., MURPHY, BIRNS, SILVERMAN and LANE, JJ., concur.

Per Curiam.

All of the members of the court concur that there is substantial evidence to support the respective findings and determinations of the Police Commissioner as to the petitioners Thomas and Finucane and that the respective petitions should be denied.

With respect to the petition of Austin, some reservation has been expressed. Upon reflection, we have doubt whether under the circumstances brought to...

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