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MATTER OF BERGER v. WARD

170 A.D.2d 294 (1991)

In the Matter of Monty Berger, 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 19, 1991

The record contains substantial evidence to support the determination of the respondent Commissioner that petitioner, without provocation, uttered a racial slur. (Matter of Papadakis v Brezenoff, 103 A.D.2d 704, affd 64 N.Y.2d 878.) No basis is presented to disturb respondent's determination as to the credibility of the witnesses (Matter of...

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