MATTER OF BARRETT v. HEGARTY


64 A.D.2d 982 (1978)

In the Matter of Arthur Barrett, Petitioner, v. William G. Hegarty, as Commissioner of Police of The Police Department of the City of New Rochelle, et al., Respondents

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

September 25, 1978


Determination confirmed and proceeding dismissed on the merits, without costs or disbursements.

At the hearing, substantial evidence was presented from which the police commissioner could conclude that petitioner had failed to detect a forced entry into a commercial building and thereby violated the police department rules and regulations. Under these circumstances, we do not believe that the punishment imposed was shocking...

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