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MATTER OF WRIGHT v. KELLY

2031, 116544/08

69 A.D.3d 501 (2010)

892 N.Y.S.2d 759

2010 NY Slip Op 399

In the Matter of LEONARD WRIGHT, Petitioner, v. RAYMOND W. KELLY et al., Respondents.

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

Decided January 21, 2010.

Substantial evidence, including eyewitness testimony, supports the hearing officer's finding of guilt (see Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444 [1987]; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 181-182 [1978]). In light of petitioner's disciplinary record and the fact that the act of discourtesy occurred in the presence of at least two other sergeants...

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