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In re Rosado v. New York State Police

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 2003
306 A.D.2d 489 (N.Y. App. Div. 2003)

Opinion

2002-09300

Submitted June 3, 2003.

June 23, 2003.

Proceeding pursuant to CPLR article 78 to review two determinations of the respondent Superintendent of the New York State Police, both dated August 14, 2001 (one as to each petitioner), which adopted the recommendations of a Hearing Board, finding the petitioners guilty of misconduct, and imposed penalties.

Richard J. Merritt, Lindenhurst, N.Y., for petitioners.

Eliot Spitzer, Attorney-General, New York, N.Y. (Marion Buchbinder and David Lawrence III of counsel), for respondents.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.


DECISION JUDGMENT

ADJUDGED that the determinations are confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

The determinations of the Superintendent of the New York State Police were supported by substantial evidence in the record (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176; Corcoran v. City of Newburgh, 237 A.D.2d 518; Haddart v. McMahon, 232 A.D.2d 416; Costa v. McMahon, 225 A.D.2d 694).

The petitioners' remaining contentions are without merit.

RITTER, J.P., S. MILLER, GOLDSTEIN and H. MILLER, JJ., concur.


Summaries of

In re Rosado v. New York State Police

Appellate Division of the Supreme Court of New York, Second Department
Jun 23, 2003
306 A.D.2d 489 (N.Y. App. Div. 2003)
Case details for

In re Rosado v. New York State Police

Case Details

Full title:IN THE MATTER OF JOSE ROSADO, ET AL., petitioners, v. NEW YORK STATE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 23, 2003

Citations

306 A.D.2d 489 (N.Y. App. Div. 2003)
761 N.Y.S.2d 523