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MATTER OF VOIGT v. O'NEILL

79 A.D.2d 710 (1980)

In the Matter of George Voigt, Petitioner, v. Theodore W. O'Neill, as Commissioner of Police of The City of Long Beach, Respondent

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

December 29, 1980

Petition granted, determination annulled, on the law, without costs or disbursements, and charge dismissed.

The determination is not supported by substantial evidence appearing on the record as a whole. Petitioner merely followed the lawful order of his superior officer and, in so doing, made an honest and understandable mistake. In fact, if any one reason were to be ascribed for the resulting error it would have to be the...

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