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MATTER OF PEREZ v. WARD

157 A.D.2d 609 (1990)

In the Matter of Jose Perez, Petitioner, v. Benjamin Ward, as Police Commissioner of The City of New York, Respondent

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

January 25, 1990

Petitioner was an undercover narcotics officer charged with misappropriating $20 in prerecorded buy money and falsely recording the purchase price of an undercover buy.

Respondent's determination was supported by substantial evidence and was rationally based. (CPLR 7803 [4]; Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230 [1974].) It is well established that the Hearing Officer is in a unique and advantageous position...

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