Green v. Murphy

41 A.D.2d 716, 341 N.Y.S.2d 873, 1973 N.Y. App. Div. LEXIS 4927

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 13, 1973
• Status: Published

Opinion

Judgment, Supreme Court, New York County, entered September 28, 1972, which annulled the Police Commissioner’s termination of petitioner’s employment as a probationary patrolman and remanded to the Commissioner for further proceedings, unanimously reversed, on the law, and vacated, without costs and without disbursements, and the petition dismissed. A proper evaluation of the petitioner’s test marks at the Police Academy under the applicable rules shows that they were below passing. No purpose would be served by the remand. {Seed V. Murphy, 37 A D 2d 823.) Concur — McGivern, J. P., Kupferman, Murphy, Lane and Tilzer, JJ.