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SIERRA v. McGUIRE

91 A.D.2d 179 (1983)

Jose F. Sierra, Respondent, v. Robert J. McGuire, as Police Commissioner of The City of New York, Appellant

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

January 18, 1983

Attorney(s) appearing for the Case

Jack Dashosh of counsel (Dashosh & Alai, attorneys), for respondent.

Debra A. James of counsel (Frederick A.O. Schwarz, Jr., Corporation Counsel, attorney), for appellant.

MURPHY, P. J., and ASCH, J., concur with SULLIVAN, J.; KUPFERMAN, J., concurs in an opinion and ALEXANDER, J., dissents in an opinion.

SULLIVAN, J.

In this CPLR article 78 proceeding Police Officer Jose Sierra challenges a determination finding him guilty, after a departmental hearing, of drawing his revolver without just cause and addressing a civilian in a discourteous and disrespectful manner, and dismissing him from the New York City Police Department. The charges were an outgrowth of a complaint filed with the police department's Civilian...

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