Berman v. Morris

New York Court of Appeals

Berman v. Morris

200 N.E.2d 582, 14 N.Y.2d 849, 251 N.Y.S.2d 692, 1964 N.Y. LEXIS 1052

DecidedJune 10, 1964

StatusPublished

This text of 200 N.E.2d 582 (Berman v. Morris) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berman v. Morris, 200 N.E.2d 582, 14 N.Y.2d 849, 251 N.Y.S.2d 692, 1964 N.Y. LEXIS 1052 (N.Y. 1964).

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Opinion

Order affirmed, without costs.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke and Scileppi. Judges Feld and Bergan dissent and vote to reverse the order appealed from and to remit the matter to respondent for imposition of discipline not inconsistent with the following memorandum: In the light of appellant’s long service and of the particular circumstances presented by the record before us, it is our opinion that respondent’s dismissal of appellant from his position was excessive punishment, and that a suspension would have sufficed. (Civ. Prac. Act, § 1296, subd. 5-a, now CPLR 7803, subd. 3; see Matter of Payton v. New York City Tr. Auth., 8 N Y 2d 737).

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Order affirmed, without costs.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke and Scileppi. Judges Feld and Bergan dissent and vote to reverse the order appealed from and to remit the matter to respondent for imposition of discipline not inconsistent with the following memorandum: In the light of appellant’s long service and of the particular circumstances presented by the record before us, it is our opinion that respondent’s dismissal of appellant from his position was excessive punishment, and that a suspension would have sufficed. (Civ. Prac. Act, § 1296, subd. 5-a, now CPLR 7803, subd. 3; see Matter of Payton v. New York City Tr. Auth., 8 N Y 2d 737).

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Bluebook (online)

200 N.E.2d 582, 14 N.Y.2d 849, 251 N.Y.S.2d 692, 1964 N.Y. LEXIS 1052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berman-v-morris-ny-1964.

Opinion

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