MATTER OF FELDSTEIN v. APPLEBY


65 A.D.2d 720 (1978)

In the Matter of Murray Feldstein, Petitioner, v. Thomas Appleby, as Administrator of The Housing and Development Administration, Respondent

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

November 16, 1978


The petitioner was charged with accepting two gratuities. He has been in the city's employ for a period of 31 years, during the last 11 of which he has been a supervising clerk with HDA. It was shown that a civilian agent for the City Department of Investigation put these two gratuities in the petitioner's drawer or hand, but although there were recorded conversations, there was no evidence that the gratuity was ever demanded or solicited. Under the circumstances, in view...

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