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In the Matter of THOMAS A. CONSTANTINE, as Superintendent of the Di v. sion of State Police, Respondent,

Order affirmed, with costs, for the reasons stated in the opinion by Justice Thomas E. Mercure at the Appellate Division ( 157 A.D.2d 376).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA. Taking no part: Judge TITONE.

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MATTER OF CONSTANTINE v. LETO
(May 7, 1991)