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MATTER OF ENG v. BROWN

196 A.D.2d 89 (1994)

In the Matter of Thomas Eng, Petitioner, v. Lee P. Brown, as Commissioner of The New York City Police Department, et al., Respondents

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

March 10, 1994

Attorney(s) appearing for the Case

Kenneth E. Gordon of counsel, New York City (Steven J. Saltiel with him on the brief; Gordon, Gordon & Tepper, P. C., attorneys), for petitioner.

A. Orli Spanier of counsel (Stephen J. McGrath on the brief; O. Peter Sherwood, Corporation Counsel of New York City, attorney), for respondents.

ELLERIN, ASCH and NARDELLI, JJ., concur.

CARRO, J. P.

By order of the Police Commissioner dated August 23, 1991 the petitioner, Thomas Eng, was dismissed from the New York City Police Department after having been found guilty, after a hearing, of the following four charges (charge 3 having been dismissed):

"1. Said Detective Eng off duty in civilian clothes, on September 23, 1989 at or about 0130...

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