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MATTER OF RESPASS v. WARD

158 A.D.2d 331 (1990)

In the Matter of Harold L. Respass, 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.

February 8, 1990

We find that there was substantial evidence in the record to support the Commissioner's determination that petitioner, while off duty and engaged in private conversation with complainants, wrongfully struck them with a pipe and also improperly pointed his off-duty revolver at them (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176). In view of petitioner having been previously disciplined for failure...

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