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MATTER OF KILROY v. BROWN

190 A.D.2d 530 (1993)

In the Matter of Thomas Kilroy, Petitioner, v. Lee P. 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.

February 2, 1993

The determination that petitioner uttered a racial slur is supported by substantial evidence (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 179). The eyewitness promptly reported the incident within minutes. Moreover, petitioner failed to prove that the complainant's testimony was incredible (Matter of Pell v Board of Educ., 34 N.Y.2d 222...

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