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MATTER OF GOLINO v. KOEHLER

166 A.D.2d 198 (1990)

In the Matter of Steven Golino, Petitioner, v. Richard Koehler, as Correction Commissioner of The City of New York, Respondent

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

October 4, 1990

The administrative determination that petitioner, without authorization, cashed the paycheck of a fellow officer, was supported by substantial evidence and was adequate to demonstrate an intent to "appropriate" the check, i.e., "to dispose of the property for the benefit of oneself or a third person" (Penal Law § 155.00 [4] [b]), thereby supporting a finding of larceny. (Penal Law § 155.05 [1].) Under these circumstances...

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