Formoso v. Kennedy

New York Court of Appeals

Formoso v. Kennedy

155 N.E.2d 401, 5 N.Y.2d 830, 181 N.Y.S.2d 505, 1958 N.Y. LEXIS 725

CourtNew York Court of Appeals

DecidedNovember 13, 1958

StatusPublished

Cited by1 cases

This text of 155 N.E.2d 401 (Formoso v. Kennedy) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Formoso v. Kennedy, 155 N.E.2d 401, 5 N.Y.2d 830, 181 N.Y.S.2d 505, 1958 N.Y. LEXIS 725 (N.Y. 1958).

Pincite

Opinion

Order affirmed, without costs. We agree with the Appellate Division that petitioner was separated from service, that is, “ dropped from the rolls ” of the Police Department, solely because of his resignation. It was, as the Appellate Division noted, petitioner’s right not to resign and to compel a trial of any pending charges. If, as he claims, he was fraudulently induced to resign, he may apply to respondent Police Commissioner to withdraw his resignation and on such an application the circumstances of the resignation and the merits of the charges then pending against him may be inquired into. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.

Free access — add to your briefcase to read the full text and ask questions with AI

Order affirmed, without costs. We agree with the Appellate Division that petitioner was separated from service, that is, “ dropped from the rolls ” of the Police Department, solely because of his resignation. It was, as the Appellate Division noted, petitioner’s right not to resign and to compel a trial of any pending charges. If, as he claims, he was fraudulently induced to resign, he may apply to respondent Police Commissioner to withdraw his resignation and on such an application the circumstances of the resignation and the merits of the charges then pending against him may be inquired into. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.

Cite This Page — Counsel Stack

Bluebook (online)

155 N.E.2d 401, 5 N.Y.2d 830, 181 N.Y.S.2d 505, 1958 N.Y. LEXIS 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/formoso-v-kennedy-ny-1958.

Opinion

Related

Cite This Page — Counsel Stack