Gould v. Looney

Appellate Division of the Supreme Court of New York

Gould v. Looney

34 A.D.2d 807, 311 N.Y.S.2d 695, 1970 N.Y. App. Div. LEXIS 4827

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

DecidedMay 18, 1970

StatusPublished

Cited by4 cases

This text of 34 A.D.2d 807 (Gould v. Looney) 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

Gould v. Looney, 34 A.D.2d 807, 311 N.Y.S.2d 695, 1970 N.Y. App. Div. LEXIS 4827 (N.Y. Ct. App. 1970).

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Opinion

In a proceeding pursuant to article 78 of the OPLR to annul petitioner’s suspension as a patrolman in the employ of the Nassau County Police Department, the parties cross-appeal from a judgment of the Supreme Court, Nassau County, dated October 28, 1969, as follows: Petitioner appeals from so much of the judgment as dismissed the petition in part; and respondents appeal from so much of the judgment as adjudged that respondents are required to pay petitioner his full salary for the period he was on suspension, i.e., from July 28, 1969 to September 9, 1969, when he was dismissed. Judgment modified, on the law, by striking from the decretal paragraph thereof the date “ July 28, 1969 ” and substituting therefor the date “ August 27, 1969”. As so modified, judgment affirmed, without costs. The respondent Commissioner of Police had power to suspend petitioner, a patrolman, without pay for a period not exceeding 30 days (Civil Service Law, § 75, subd. 3; Nassau County Administrative Code, § 8-13.0 [L. 1939, ch. 272, as amd.]). After such 30-day period, petitioner had to be given his full pay until the date of his dismissal. Rabin, Acting P. J., Martuscello, Latham, Kleinfeld and Benjamin, JJ., concur. [60 Misc 2d 973.]

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In a proceeding pursuant to article 78 of the OPLR to annul petitioner’s suspension as a patrolman in the employ of the Nassau County Police Department, the parties cross-appeal from a judgment of the Supreme Court, Nassau County, dated October 28, 1969, as follows: Petitioner appeals from so much of the judgment as dismissed the petition in part; and respondents appeal from so much of the judgment as adjudged that respondents are required to pay petitioner his full salary for the period he was on suspension, i.e., from July 28, 1969 to September 9, 1969, when he was dismissed. Judgment modified, on the law, by striking from the decretal paragraph thereof the date “ July 28, 1969 ” and substituting therefor the date “ August 27, 1969”. As so modified, judgment affirmed, without costs. The respondent Commissioner of Police had power to suspend petitioner, a patrolman, without pay for a period not exceeding 30 days (Civil Service Law, § 75, subd. 3; Nassau County Administrative Code, § 8-13.0 [L. 1939, ch. 272, as amd.]). After such 30-day period, petitioner had to be given his full pay until the date of his dismissal. Rabin, Acting P. J., Martuscello, Latham, Kleinfeld and Benjamin, JJ., concur. [60 Misc 2d 973.]

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Bluebook (online)

34 A.D.2d 807, 311 N.Y.S.2d 695, 1970 N.Y. App. Div. LEXIS 4827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gould-v-looney-nyappdiv-1970.

Opinion

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