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MATTER OF BURIC v. KELLY

3722, 110995/07.

78 A.D.3d 594 (2010)

910 N.Y.S.2d 905

In the Matter of JOHN BURIC, Appellant, v. RAYMOND KELLY, as the Police Commissioner of the City of New York, et al., Respondents.

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

Decided November 30, 2010.

The court's findings of fact, based in large measure on its assessment of the credibility of the witnesses, that petitioner's election to file for a service retirement was voluntary and not the result of fraud, duress, coercion, or other misconduct on respondents' part, are supported by a fair interpretation of the record evidence (see e.g. Matter of De Marco v McLaughlin, 49 N.Y.2d 941 [1980]; Matter of Girard v Board of...

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