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IN THE MATTER OF CALHOUN v. KELLY

13 A.D.3d 302 (2004)

788 N.Y.S.2d 33

In the Matter of GARY CALHOUN, Petitioner, v. RAYMOND KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

December 28, 2004.

In reviewing this determination, the Court is limited to whether the conclusions below are supported by substantial evidence (Matter of Rodriguez-Rivera v Kelly, 2 N.Y.3d 776 [2004]). We may not substitute our own judgment but are constrained to uphold the determination as long as there is any rational basis for the findings (300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176<...

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