SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 17, 1968
IN THE MATTER OF EDWARD FEELEY, PETITIONER,
DANIEL F. MCMAHON, AS COMMISSIONER OF PUBLIC SAFETY OF THE CITY OF YONKERS, RESPONDENT
Respondent's determination dated November 15, 1966 modified, on the law, by annulling the finding of guilt on specification No. 3 and the imposition of punishment thereon.
Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.
In our opinion there was no substantial evidence to support a finding of guilt under specification No. 3 based on rule 158 of the Rules and Regulations of the Bureau of Police, Department of Public Safety of the City of Yonkers. That rule applies to an unlawful business and the petitioner patrolman's acts related to a lawful business. The finding as to specification No. 6 is supported by substantial evidence.
As so modified, determination confirmed, without costs.
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