Boris v. Murphy

Appellate Division of the Supreme Court of New York

Boris v. Murphy

24 A.D.2d 437, 260 N.Y.S.2d 832, 1965 N.Y. App. Div. LEXIS 3832

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

DecidedJune 24, 1965

StatusPublished

This text of 24 A.D.2d 437 (Boris v. Murphy) 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

Boris v. Murphy, 24 A.D.2d 437, 260 N.Y.S.2d 832, 1965 N.Y. App. Div. LEXIS 3832 (N.Y. Ct. App. 1965).

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Opinion

Determination confirmed and the petition dismissed, with $30 costs and disbursements to respondent. Concur — Rabin, J. P., Stevens and Steuer, JJ.; McNally and Staley, JJ., dissent in the following memorandum by Staley, J.: I believe that the dismissal of petitioner and the forfeiture of his accrued pension rights constitute unreasonably harsh and excessive sanctions for the reasons stated in the dissenting opinion in Matter of Mansfield v. Murphy (21 A D 2d 659). Accordingly, I vote to modify and recommend a period of suspension followed by retirement.

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Determination confirmed and the petition dismissed, with $30 costs and disbursements to respondent. Concur — Rabin, J. P., Stevens and Steuer, JJ.; McNally and Staley, JJ., dissent in the following memorandum by Staley, J.: I believe that the dismissal of petitioner and the forfeiture of his accrued pension rights constitute unreasonably harsh and excessive sanctions for the reasons stated in the dissenting opinion in Matter of Mansfield v. Murphy (21 A D 2d 659). Accordingly, I vote to modify and recommend a period of suspension followed by retirement.

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Bluebook (online)

24 A.D.2d 437, 260 N.Y.S.2d 832, 1965 N.Y. App. Div. LEXIS 3832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boris-v-murphy-nyappdiv-1965.