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MATTER OF STEPHEN COLE-HATCHARD v. SHERWOOD

309 A.D.2d 933 (2003)

766 N.Y.S.2d 113

In the Matter of STEPHEN COLE-HATCHARD, Appellant, v. WILLIAM SHERWOOD et al., Respondents.

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

Decided October 27, 2003.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, there is a rational basis in the record for the determination of the respondent Chief of Police of the Town of Clarkstown (hereinafter the Chief) denying his request for General Municipal Law § 207-c benefits retroactive to February 4, 1997. Therefore, the determination of the Chief was not arbitrary or capricious (see Matter of Miele v Town of Clarkstown,

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