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MATTER OF McGURN v. MOSCA

144 A.D.2d 365 (1988)

In the Matter of Thomas McGurn, Petitioner, v. Anthony Mosca, as Commissioner of The Westchester County Department of Public Safety, et al., Respondents

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

November 7, 1988

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

Based upon our review of the record as a whole, we find that the factual findings made by the Hearing Officer, who saw and heard the witnesses and assessed their credibility, were based upon substantial evidence (see, CPLR 7803 [4]; 300 Gramatan Ave. Assocs. v State Div. of Human Rights,

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