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MATTER OF MALONEY v. SUARDY

202 A.D.2d 297 (1994)

609 N.Y.S.2d 179

In the Matter of Jason Maloney, Petitioner, v. Carmen Suardy et al., Respondents

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

March 17, 1994

The charges sustained were supported by substantial evidence. It was within the Hearing Officer's province to credit the testimony of the eyewitness together with the hearsay testimony of the store clerk and his assistant that petitioner menaced the clerk with his firearm, and to find that petitioner discharged his firearm without authorization (see, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139). Petitioner's contention...

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