Bush v. Beckmann

Appellate Division of the Supreme Court of New York

Bush v. Beckmann

283 A.D. 1070, 131 N.Y.S.2d 297, 1954 N.Y. App. Div. LEXIS 6346

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

DecidedJune 7, 1954

StatusPublished

Cited by8 cases

This text of 283 A.D. 1070 (Bush v. Beckmann) 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.

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Bush v. Beckmann, 283 A.D. 1070, 131 N.Y.S.2d 297, 1954 N.Y. App. Div. LEXIS 6346 (N.Y. Ct. App. 1954).

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Opinion

Proceeding pursuant to article 78 of the Civil Practice Act, [1071]*1071to review a determination of respondent dismissing petitioner from the Police Department of the County of Nassau, and to order his reinstatement with accrued salary. The proceeding has been transferred to this court. (Civ. Prac. Act, § 1296.) Determination annulled, without costs, and matter remitted to respondent for further hearing. Petitioner was entitled to a reasonable adjournment to enable his counsel to represent him, and to afford him an opportunity to cross-examine the witness against him. (Matter of Friedel v. Board of Regents, 296 N. Y. 347, 352; Matter of Greenebaum v. Bingham, 201 N. Y. 343, 347.) Unless and until petitioner is reinstated, he is not entitled to back pay. (Van Valhenburgh v. Mayor, 49 App. Div. 208; Civil Service Law, § 22, subd. 2; § 23.) Nolan, P. J., MacCrate, Schmidt and Beldock, JJ., concur; Adel J., dissents and votes to confirm the determination.

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Proceeding pursuant to article 78 of the Civil Practice Act, [1071]*1071to review a determination of respondent dismissing petitioner from the Police Department of the County of Nassau, and to order his reinstatement with accrued salary. The proceeding has been transferred to this court. (Civ. Prac. Act, § 1296.) Determination annulled, without costs, and matter remitted to respondent for further hearing. Petitioner was entitled to a reasonable adjournment to enable his counsel to represent him, and to afford him an opportunity to cross-examine the witness against him. (Matter of Friedel v. Board of Regents, 296 N. Y. 347, 352; Matter of Greenebaum v. Bingham, 201 N. Y. 343, 347.) Unless and until petitioner is reinstated, he is not entitled to back pay. (Van Valhenburgh v. Mayor, 49 App. Div. 208; Civil Service Law, § 22, subd. 2; § 23.) Nolan, P. J., MacCrate, Schmidt and Beldock, JJ., concur; Adel J., dissents and votes to confirm the determination.

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Bluebook (online)

283 A.D. 1070, 131 N.Y.S.2d 297, 1954 N.Y. App. Div. LEXIS 6346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bush-v-beckmann-nyappdiv-1954.

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