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MATTER OF SMITH v. NEW YORK CITY POLICE DEP'T

56 A.D.2d 769 (1977)

In the Matter of Percell Smith, Petitioner, v. New York City Police Department et al., Respondents

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

March 10, 1977

Determination of respondents police department and the commissioner thereof made on or about July 31, 1974, annulled, in the exercise of discretion, without costs and without disbursements, and the matter remanded to respondents for further proceedings. There was substantial evidence to sustain the conclusion, as expressed in one of the departmental indorsements on the record of proceedings, that petitioner's acts constituted "grave misconduct" in that he "caused the arrest...

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