Aug v. Barry

Appellate Division of the Supreme Court of New York

Aug v. Barry

37 A.D.2d 594, 323 N.Y.S.2d 655, 1971 N.Y. App. Div. LEXIS 3845

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 1971

StatusPublished

This text of 37 A.D.2d 594 (Aug v. Barry) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aug v. Barry, 37 A.D.2d 594, 323 N.Y.S.2d 655, 1971 N.Y. App. Div. LEXIS 3845 (N.Y. Ct. App. 1971).

Pincite

Opinion

Proceeding pursuant to article 78 of the CPLR to, annul a determination of the Police Commissioner of the County of Suffolk dated September 10, 1970, which dismissed petitioner from his position as patrolman, effective September 14, 1970. Determination confirmed and proceeding dismissed on the merits, without costs. Petitioner was found guilty of four charges, involving six specifications. In our opinion, the charge specifying that he associated or fraternized with a certain person known to him to have been convicted of a crime was not proven by substantial evidence. However, the other charges were supported by substantial evidence and respondent’s determination should be confirmed. Hopkins, Acting P. J., Martuscello, Shapiro, Gulotta and Brennan, JJ., concur.

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Proceeding pursuant to article 78 of the CPLR to, annul a determination of the Police Commissioner of the County of Suffolk dated September 10, 1970, which dismissed petitioner from his position as patrolman, effective September 14, 1970. Determination confirmed and proceeding dismissed on the merits, without costs. Petitioner was found guilty of four charges, involving six specifications. In our opinion, the charge specifying that he associated or fraternized with a certain person known to him to have been convicted of a crime was not proven by substantial evidence. However, the other charges were supported by substantial evidence and respondent’s determination should be confirmed. Hopkins, Acting P. J., Martuscello, Shapiro, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

37 A.D.2d 594, 323 N.Y.S.2d 655, 1971 N.Y. App. Div. LEXIS 3845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aug-v-barry-nyappdiv-1971.