Opinion
February 5, 1973
Proceeding pursuant to article 78 of the CPLR to review respondent's determination, dated October 8, 1971 and made after a hearing, dismissing petitioner from his position of lieutenant in respondent's police department. Determination confirmed and proceeding dismissed on the merits, without costs. No opinion. Latham, Christ and Brennan, JJ., concur; Shapiro, J., dissents and votes to annul the determination in consonance with the views expressed by him in Matter of Greenwald v. Frank ( 40 A.D.2d 717), in which Martuscello, Acting P.J., concurs.