Bal v. Murphy

In this article 78 proceeding transferred to the Appellate Division, we are called upon to review a determination of the Police Commissioner, dismissing the petitioner, John A. Bal, Jr., from the police force.

*27Two aspects of this administrative determination are subject to judicial review. We must first determine whether the findings of fact of the commissioner regarding charges and specifications against Bal are supported by substantial evidence (CPLR 7803, subd 4; 7804, subd [g]). If they are, we are then empowered to review the propriety of the punishment imposed (CPLR 7803, subd 3).

The…