Summary
In Sierra v. McGuire (60 N.Y.2d 720, revg 91 A.D.2d 179), the Court of Appeals reversed, for the reasons stated in the dissenting opinion, a determination in a disciplinary proceeding in which, as in this case, the court substituted its judgment on issues of credibility for that of the Hearing Officer.
Summary of this case from Matter of Farry v. WardOpinion
Argued September 13, 1983
Decided October 18, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, LOUIS OKIN, J.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Stephen J. McGrath and Debra A. James of counsel), for appellant.
Jack Dashosh for respondent.
Order reversed, with costs, and the determination of the commissioner reinstated for reasons stated in the dissenting opinion of Justice FRITZ W. ALEXANDER at the Appellate Division ( 91 A.D.2d 179, 185).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.