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In the Matter of ALLAN BERNARDINI, Appellant, v. PORT OF NEW YORK AUTHORITY, Respondent.

Order affirmed, with costs. (See Matter of Pell v. Board of Educ., 34 N.Y.2d 222, especially discussion in Matter of Muldoon v. Mayor of Syracuse [at pp. 236-237].) It is also noted that petitioner in this case was offered, in lieu of his last position, employment involving less of a public risk than that associated with the status of peace officer entitled to bear arms.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN. Taking no part: Judge STEVENS.

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MATTER OF BERNARDINI v. PORT OF NEW YORK AUTHORITY
(May 15, 1974)