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MATTER OF HOGAN v. BRATTON

254 A.D.2d 110 (1998)

678 N.Y.S.2d 262

In the Matter of Thomas Hogan, Petitioner, v. William J. Bratton, 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.

October 15, 1998

Substantial evidence, including the testimony of petitioner's neighbor, supports respondent's findings that petitioner warned the neighbor to "watch her back" and used racial slurs while in a tirade, findings that turned on witness credibility and are largely unreviewable by the courts (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). The penalty, which expressly took into...

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