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MATTER OF DUNCAN v. WARD

159 A.D.2d 400 (1990)

In the Matter of Garfield Duncan et al., Petitioners, 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.

March 27, 1990

The record in this case clearly supports the Commissioner's determinations of guilt. The arguments raised on appeal by the petitioners revolve solely around the issue of evaluating the credibility of the Department's witnesses, which is a question of fact to be resolved by the Hearing Officer. (See, Matter of Shepard v Ward, 155 A.D.2d 293.)

The evidence in the record substantially supports the finding that, on the...

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