Opinion
July 10, 1967
Determination of the Commissioner of Police of Nassau County, dated May 11, 1966, dismissing petitioner from the position of patrolman in the Nassau County Police Department, vacated without costs and matter remitted to respondent for a new hearing and determination. In our opinion, the admission of the results of the polygraph tests was improper (cf. People v. Forte, 279 N.Y. 204), as was also the admission of the hearsay reports of the 1961 unverified incident which petitioner had never been called upon to refute. The matter is accordingly remitted to respondent for a new hearing and the making of a new determination upon proper evidence. Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.