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MATTER OF CONSTANTINE v. LETO

77 N.Y.2d 975 (1991)

In the Matter of Thomas A. Constantine, as Superintendent of the Division of State Police, Respondent, v. Mark P. Leto, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1991.

Attorney(s) appearing for the Case

Peter Gerstenzang for appellant.

Robert Abrams, Attorney-General (Joseph Koczaja, O. Peter Sherwood and Peter H. Schiff of counsel), for respondent.

Robert M. Morgenthau, District Attorney (Mark Dwyer and Thomas B. Litsky of counsel), amicus curiae.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA. Taking no part: Judge TITONE.

Order affirmed, with costs, for the reasons stated in the opinion by Justice Thomas E. Mercure at the Appellate Division (157 A.D.2d 376

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