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MATTER OF MULLANE v. BROWN

188 A.D.2d 323 (1992)

In the Matter of Daniel Mullane, Petitioner, v. Lee Brown, 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.

December 8, 1992

The charges arise out of an allegation that without cause petitioner assaulted a civilian. Upon review of the record, we find that there is substantial evidence to support the Commissioner's determination. The complainant's testimony and discernible portions of the hospital records provide a rational basis for the findings.

Determinations concerning the credibility of witnesses, the weight of the evidence and the choice...

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