CHARLES Q. v. CONSTANTINE


85 N.Y.2d 571 (1995)

650 N.E.2d 839

626 N.Y.S.2d 992

In the Matter of Charles Q., Appellant, v. Thomas A. Constantine, as Superintendent of the New York State Police, Respondent.

Court of Appeals of the State of New York.

Decided May 4, 1995.


Attorney(s) appearing for the Case

Caputo, Aulisi and Skoda, Gloversville (Richard T. Aulisi of counsel) and Robert M. Cohen, Ballston Lake, for appellant.

Dennis C. Vacco, Attorney-General, Albany (Lew A. Millenbach, Victoria A. Graffeo and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA and SMITH concur; Judge LEVINE taking no part.


CIPARICK, J.

The question presented is whether respondent's determination dismissing petitioner from his employment as a State Trooper must be annulled because some of the evidence admitted at the disciplinary hearing was obtained through a court order which erroneously unsealed petitioner's criminal records from the related criminal proceeding which resulted in his acquittal. We conclude that annulment is not...

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