MATTER OF DOUGHERTY v. DEGENHART


154 A.D.2d 898 (1989)

In the Matter of Peter G. Dougherty, Petitioner, v. Ralph V. Degenhart, as Commissioner of Police, Respondent

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

October 6, 1989


Determination unanimously confirmed and petition dismissed without costs.

Memorandum:

In this CPLR article 78 proceeding, petitioner seeks to set aside the determination made by respondent pursuant to section 75 of the Civil Service Law terminating petitioner's employment by the Buffalo Police Department.

Initially, we note that Special Term improperly transferred this proceeding to this court where no "substantial evidence" issue was raised by petitioner...

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