Fitzpatrick v. Leary

Appellate Division of the Supreme Court of New York

Fitzpatrick v. Leary

34 A.D.2d 517, 308 N.Y.S.2d 639, 1970 N.Y. App. Div. LEXIS 5393

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

DecidedMarch 5, 1970

StatusPublished

This text of 34 A.D.2d 517 (Fitzpatrick v. Leary) 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

Fitzpatrick v. Leary, 34 A.D.2d 517, 308 N.Y.S.2d 639, 1970 N.Y. App. Div. LEXIS 5393 (N.Y. Ct. App. 1970).

Pincite

Opinion

Determination of Police Commissioner, dated April 12, 1966, dismissing petitioner from the Police Department, unanimously annulled, on the law, only to the extent of dismissing the specifications of Charges 5 and 6, and is otherwise confirmed, with $50 costs and disbursements to respondent. Respondent concedes that a finding against petitioner on Charges 5 and 6 is unsupported by the evidence. There is substantial evidence supporting the other equally serious charges, which were sustained. In our view, dismissal from the Police Department was appropriate discipline by reason of the charges properly sustained. Concur — Stevens, P. J., Eager, McGivern, Nunez and McNally, JJ.

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Determination of Police Commissioner, dated April 12, 1966, dismissing petitioner from the Police Department, unanimously annulled, on the law, only to the extent of dismissing the specifications of Charges 5 and 6, and is otherwise confirmed, with $50 costs and disbursements to respondent. Respondent concedes that a finding against petitioner on Charges 5 and 6 is unsupported by the evidence. There is substantial evidence supporting the other equally serious charges, which were sustained. In our view, dismissal from the Police Department was appropriate discipline by reason of the charges properly sustained. Concur — Stevens, P. J., Eager, McGivern, Nunez and McNally, JJ.

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Bluebook (online)

34 A.D.2d 517, 308 N.Y.S.2d 639, 1970 N.Y. App. Div. LEXIS 5393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzpatrick-v-leary-nyappdiv-1970.