MATTER OF DERBYSHIRE v. SAFIR


288 A.D.2d 18 (2001)

732 N.Y.S.2d 165

In the Matter of JOSEPH DERBYSHIRE, Petitioner, v. HOWARD SAFIR, as Police Commissioner of the City of New York, Respondent.

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

Decided November 1, 2001.


Substantial evidence supports the challenged determination (see, Matter of Taggart v Safir, 260 A.D.2d 195, 196), and petitioner received a fair hearing. Highly probative hearsay evidence was properly admitted (see, People ex rel. Vega v Smith, 66 N.Y.2d 130, 139).

Petitioner's admissions to his wife were not protected by the marital privilege (CPLR 4502 [b]) because of the nature...

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