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TROTTA v. WARD

77 N.Y.2d 827 (1991)

Anthony Trotta, Respondent, v. Benjamin Ward, as Police Commissioner of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided January 15, 1991.

Attorney(s) appearing for the Case

Victor A. Kovner, Corporation Counsel (Fay Ng of counsel), for appellant.

Amy R. Agress for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the determination of the Commissioner reinstated and the certified question answered in the negative.

Disciplinary determinations by the Police Commissioner are entitled to substantial deference "because he, and not the courts, is accountable to the public for the integrity of the Department" (Matter of Berenhaus v Ward,

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