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MATTER OF CHIOFALO v. KELLY

70 A.D.3d 423 (2010)

893 N.Y.S.2d 552

In the Matter of ANTHONY CHIOFALO, Petitioner, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided February 4, 2010.

Respondent Commissioner was entitled to substitute his own judgment for that of respondent Assistant Deputy Commissioner of Trials, including on matters of credibility, since that judgment is supported by substantial evidence (see Matter of Dobrin v Safir, 272 A.D.2d 134 [2000]; see also Matter of Mancini v New York City Dept. of Envtl. Protection, 26 A.D.3d 178 [2006]). In rejecting petitioner...

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