Judgment insofar as appealed from vacated on the law, determination unanimously confirmed, and petition dismissed without costs.
Memorandum:
In this CPLR article 78 proceeding brought to review the determination of the Commissioner of Public Safety and the Chief of Police to discharge petitioner from his position as a police officer, Special Term had no authority to pass upon the propriety of the penalty imposed. Where, as here, the issue is raised whether...
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