Opinion
October 20, 1959
Determination unanimously annulled on the law, without costs, and the proceeding remanded to the present Police Commissioner to render his decision on the evidence adduced before the Trial Commissioner. (See Matter of Kelly v. Monaghan, 9 A.D.2d 92.)
Concur — Botein, P.J., Breitel, M.M. Frank, Valente and Stevens, JJ.