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MTR. OF BAL v. MURPHY

55 A.D.2d 26 (1976)

In the Matter of John A. Bal, Jr., Petitioner, v. Patrick V. Murphy, as Police Commissioner of The City of New York, Respondent

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

December 16, 1976

Attorney(s) appearing for the Case

Barry Berkman (Thomas Silbiger with him on the brief), attorney for petitioner.

Diane R. Eisner of counsel (L. Kevin Sheridan with her on the brief; W. Bernard Richland, Corporation Counsel), for respondent.

LUPIANO, J. P., and CAPOZZOLI, J., concur with LANE, J.; BIRNS, J., concurs in an opinion in which LUPIANO, J. P., and CAPOZZOLI, J., also concur; NUNEZ, J., dissents in an opinion.

LANE, J.

In this article 78 proceeding transferred to the Appellate Division, we are called upon to review a determination of the Police Commissioner, dismissing the petitioner, John A. Bal, Jr., from the police force.

Two aspects of this administrative determination are subject to judicial review. We must first determine whether the findings of fact of the commissioner regarding charges and specifications...

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