Majority
p. 179In the Matter of Anthony Chirchirillo, Appellant, v Benjamin Ward, as Police Commissioner of the City of New York, et al., Respondents.
— Judgment, Supreme Court, New York County (Harold Baer, Jr., J.), entered on October 21, 1985, unanimously vacated as one made in excess of jurisdiction, and this court having considered all issues in this proceeding as if the matter had been properly transferred in the first instance, the determination of the respondent Commissioner dated June 21, 1984 is unanimously confirmed, without costs and without disbursements. No opinion. Concur — Sandler, J. P., Ross, Lynch, Milonas and Ellerin, JJ.