Determination unanimously modified in the exercise of discretion and as modified confirmed without costs in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul a determination of misconduct and to vacate his termination from employment as a Town of Niagara police officer. We reject his contention that preponderance of the evidence is the evidentiary standard for our review of the determination in a Civil Service...
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