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MATTER OF YUE v. O'NEILL

100598/19. Appeal No. 12608. Case No. 2020-01977.

189 A.D.3d 525 (2020)

133 N.Y.S.3d 799

2020 NY Slip Op 07483

In the Matter of James Yue, Petitioner, v. James P. O'Neill, as Police Commissioner of the City of New York, et al., Respondents.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Worth, Longworth & London, LLP, New York ( Kyle R. Silverstein of counsel), for petitioner.

James E. Johnson , Corporation Counsel, New York ( Ellen Ravitch of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.

The determination that petitioner was guilty of association with an individual who he should have reasonably believed was involved in criminal activity and in failing to report corruption is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176, 180-181 [1978]). The Hearing Officer found that petitioner's assertion during his Internal Affairs Bureau (IAB) interview that...

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