Deegan v. Frank

Appellate Division of the Supreme Court of New York

Deegan v. Frank

46 A.D.2d 658, 359 N.Y.S.2d 839, 1974 N.Y. App. Div. LEXIS 3978

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

DecidedOctober 15, 1974

StatusPublished

This text of 46 A.D.2d 658 (Deegan 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

Deegan v. Frank, 46 A.D.2d 658, 359 N.Y.S.2d 839, 1974 N.Y. App. Div. LEXIS 3978 (N.Y. Ct. App. 1974).

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Opinion

Proceeding by a Nassau County police officer pursuant to article 78 of the CPLR to review a determination of the Police Commissioner of Nassau County, dated January 10, 1974, which, after a hearing, found petitioner guilty of two specifications of refusing to obey an order of a superior officer and one specification of failing to be respectful to a superior officer, and fined him a total of 15 days’ pay. Determination modified, on the law, by reducing the fine to a total of five days’ pay. As so modified, determination confirmed, without costs. In our opinion, the fines were excessive ami an abuse of discretion to the extent indicated herein. Martuseello, Acting P. J., Latham, Christ, Brennan and Benjamin, JJ., concur.

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Proceeding by a Nassau County police officer pursuant to article 78 of the CPLR to review a determination of the Police Commissioner of Nassau County, dated January 10, 1974, which, after a hearing, found petitioner guilty of two specifications of refusing to obey an order of a superior officer and one specification of failing to be respectful to a superior officer, and fined him a total of 15 days’ pay. Determination modified, on the law, by reducing the fine to a total of five days’ pay. As so modified, determination confirmed, without costs. In our opinion, the fines were excessive ami an abuse of discretion to the extent indicated herein. Martuseello, Acting P. J., Latham, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

46 A.D.2d 658, 359 N.Y.S.2d 839, 1974 N.Y. App. Div. LEXIS 3978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deegan-v-frank-nyappdiv-1974.