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SLOMINSKI v. CODD

83 Misc.2d 260 (1975)

In the Matter of Charles Slominski, Petitioner, v. Michael J. Codd, as Police Commissioner of the Police Department of the City of New York, Respondent.

Supreme Court, Special Term, New York County.

May 12, 1975

Attorney(s) appearing for the Case

Mary J. McDonnell for petitioner. W. Bernard Richland, Corporation Counsel, for respondent.

THOMAS J. HUGHES, J.

Application to annul respondent's determination pursuant to CPLR article 78 is granted.

That branch of the respondent's answer that requests the transfer of this proceeding to the Appellate Division of this court is denied. The petitioner does not raise an issue as to the determination being supported by substantial evidence and a question specified in CPLR 7804 (subd [g]) is not being asserted. Under such circumstances there...

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