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MATTER OF ALVAREZ v. ABATE

198 A.D.2d 142 (1993)

603 N.Y.S.2d 851

In the Matter of Raymond Alvarez, Petitioner, v. Catherine Abate, as Correction Commissioner of The City of New York, et al., Respondents

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

November 18, 1993

Respondent Commissioner's finding that petitioner used unnecessary and excessive force against an inmate is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436). Reinstatement pursuant to an alleged directive of respondent's predecessor cannot be mandated where the petitioner failed to comply with New York City Personnel Department (59 RCNY Appendix...

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