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MATTER OF GAMMA v. CITY OF NEWBURGH

277 A.D.2d 236 (2000)

716 N.Y.S.2d 684

In the Matter of STEPHEN J. GAMMA et al., Petitioners, v. CITY OF NEWBURGH et al., Respondents.

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

Decided November 6, 2000.

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

Substantial evidence in the record supports the determination that the petitioner Stephen J. Gamma violated both supervisory instructions and the Rules and Regulations of the Police Department of the City of Newburgh by leaving his duty post without the approval of a superior in his chain of command (see, CPLR 7803 [4]; see, Matter of Pell v Board of Educ...

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