Matter John J. Mcgrath v. William J. Kirwan Book Reviews

Matter John J. Mcgrath v. William J. Kirwan by Supreme Court of New York Book Summary

[32 A.D.2d 700 Page 700] The hearing officer deputized by the Superintendent found that petitioner, in violation of specifically enumerated State
Police Regulations, improperly struck an individual under arrest for public intoxication, that 10 days thereafter he agreed
with two subordinate troopers to furnish false information about the incident, that he gave false information to an investigating
officer and that he failed to record his visit while on duty to the home of one of said subordinates -- findings and conclusions
concurred in and approved by the then Superintendent. On questions of fact arising in proceedings involving the discipline
of the members of the police force under the jurisdiction of the Superintendent of State Police, his determination on the
facts is conclusive when the evidence is conflicting and contradictory -- when there is, as here, substantial evidence to
support the finding (Matter of Matuljak v. Cornelius, 19 A.D.2d 921; cf. People ex rel. Guiney v. Valentine, 274 N. Y. 331;
People ex rel. Hogan v. French, 119 N. Y. 493, 496-497; People ex rel. Brown v. Greene, 106 App. Div. 230, 232, affd. 184
N. Y. 565).

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