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MATTER OF MISTRETTA v. KANE

251 A.D.2d 418 (1998)

672 N.Y.S.2d 821

In the Matter of Salvatore Mistretta, Petitioner, v. Donald F. Kane, as Commissioner of Nassau County Police Department, et al., Respondents

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

June 8, 1998

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.

It is well settled that in a CPLR article 78 proceeding to review the determination of an administrative board or officer, the determination must be upheld if it is based upon substantial evidence (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436; Matter of DiCairano v Gandolfo, 201 A.D.2d...

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