General

In the Matter of William Birmingham, Petitioner, v. Police Commissioners of the City of Middletown et al., Respondents

282 A.D.2d 531727 N.Y.S.2d 885·New York Supreme Court, Appellate Division·2001·NY

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Opinion

In the Matter of William Birmingham, Petitioner, v Police Commissioners of the City of Middletown et al., Respondents. [727 NYS2d 885] [MAJORITY] —Proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Police Commissioners of the City of Middletown dated July 18, 1997, which, after a hearing, found the petitioner guilty of charges of, inter alia, conduct unbecoming an officer, and terminated his employment as an officer of the City of Middle-town Police Department. Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs. Upon review of the record, we find that the petitioner had a fair and impartial hearing. Further, there is substantial evidence in the record to support the determination. S. Miller, J. P., Friedmann, Feuerstein and Schmidt, JJ., concur.