Cleary v. Frank

Appellate Division of the Supreme Court of New York

Cleary v. Frank

55 A.D.2d 952, 391 N.Y.S.2d 149, 1977 N.Y. App. Div. LEXIS 10247

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

DecidedJanuary 31, 1977

StatusPublished

This text of 55 A.D.2d 952 (Cleary v. Frank) 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

Cleary v. Frank, 55 A.D.2d 952, 391 N.Y.S.2d 149, 1977 N.Y. App. Div. LEXIS 10247 (N.Y. Ct. App. 1977).

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Opinion

Proceeding pursuant to CPLR article 78 to review so much of a determination of respondent, dated February 26, 1976 and made after a hearing, as found that petitioner had violated a certain provision of the rules and regulations of the Nassau County Police Department and fined him five days’ pay. Determination confirmed insofar as reviewed and proceeding dismissed on the merits, with $50 costs and disbursements. Based upon the testimony of the complainant, and upon the petitioner’s own testimony, there is substantial evidence to support a finding that the petitioner used abusive language in violation of the rules and regulations of the Nassau County Police Department. Cohalan, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review so much of a determination of respondent, dated February 26, 1976 and made after a hearing, as found that petitioner had violated a certain provision of the rules and regulations of the Nassau County Police Department and fined him five days’ pay. Determination confirmed insofar as reviewed and proceeding dismissed on the merits, with $50 costs and disbursements. Based upon the testimony of the complainant, and upon the petitioner’s own testimony, there is substantial evidence to support a finding that the petitioner used abusive language in violation of the rules and regulations of the Nassau County Police Department. Cohalan, Acting P. J., Margett, Suozzi and Mollen, JJ., concur.

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Bluebook (online)

55 A.D.2d 952, 391 N.Y.S.2d 149, 1977 N.Y. App. Div. LEXIS 10247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cleary-v-frank-nyappdiv-1977.