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MATTER OF HARP v. NEW YORK CITY POLICE DEPARTMENT

277 A.D.2d 147 (2000)

717 N.Y.S.2d 108

In the Matter of JEFFREY HARP, Petitioner, v. NEW YORK CITY POLICE DEPARTMENT, Respondent.

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

Decided November 28, 2000.

Substantial evidence supports the determination that petitioner made false or misleading statements at his March 13, 1997 Official Interview (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 N.Y.2d 176, 181). However, we conclude that the penalty of dismissal was disproportionate.

Although the penalty to be imposed is a matter of discretion to be exercised by the...

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