MATTER OF COTTEREL v. CITY OF NEW YORK


258 A.D.2d 396 (1999)

685 N.Y.S.2d 712

In the Matter of BENTLEY COTTEREL, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided February 25, 1999.


Petitioner was charged by the Police Department with dereliction of duty arising from his purported absence from a directed assignment. However, since the Department's own record does not set forth substantial evidence in support of the determination as to three of the four specifications, as to those we annul and vacate, and remand on the final specification, which we uphold, for imposition of an appropriate penalty.

The Department's only witness at the administrative...

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