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MATTER OF TROTMAN v. WARD

146 A.D.2d 236 (1989)

In the Matter of David Trotman,Petitioner, v. Benjamin Ward, as Police Commissioner of The City of New York, et al., Respondents

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

April 20, 1989.

Attorney(s) appearing for the Case

Raymond E. Kerno (Barry S. Bendetowies with him on the brief; Lysaght, Lysaght & Kramer, P. C., attorneys), for petitioner.

Paul Herzfeld of counsel (June Witterschein with him on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for respondents.

MURPHY, P. J., ELLERIN and RUBIN, JJ., concur with ROSS, J.; KUPFERMAN, J., dissents in part and would confirm.

ROSS, J.

This is a CPLR article 78 proceeding brought by petitioner, Mr. David Trotman (petitioner), to annul the determination, dated October 6, 1987, of the respondent Police Commissioner of the City of New York (respondent), which dismissed him from the Police Department for misconduct. After reviewing the record, we confirm only so much of the determination as finds the petitioner guilty of misconduct, but...

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