Johnsen v. Frank

Appellate Division of the Supreme Court of New York

Johnsen v. Frank

54 A.D.2d 579, 387 N.Y.S.2d 146, 1976 N.Y. App. Div. LEXIS 13925

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

DecidedSeptember 27, 1976

StatusPublished

This text of 54 A.D.2d 579 (Johnsen 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

Johnsen v. Frank, 54 A.D.2d 579, 387 N.Y.S.2d 146, 1976 N.Y. App. Div. LEXIS 13925 (N.Y. Ct. App. 1976).

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Opinion

Proceeding pursuant to CPLR article 78 to review two determinations of the respondent Commissioner of Police of Nassau County, both dated January 15, 1976 and made after a hearing, (1) the first of which fined petitioner Johnsen five days’ pay and (2) the second of which fined petitioner Snow three days’ pay. Determinations confirmed and proceeding dismissed on the merits, with $50 costs and disbursements. Petitioner Johnsen was found guilty of failing to remain constantly alert and observant on a specific date and petitioner Snow was found guilty of permitting someone other than a member of the police department to enter and remain in a police department vehicle, both acts being in violation of the rules and regulations of the Nassau County Police Department. The charges were supported by substantial evidence and respondent’s determinations should be confirmed (see Matter of Pell v Board of Educ., 34 NY2d 222). Hopkins, Acting P. J., Martuscello, Cohalan, Damiani and Shapiro, JJ., concur.

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Proceeding pursuant to CPLR article 78 to review two determinations of the respondent Commissioner of Police of Nassau County, both dated January 15, 1976 and made after a hearing, (1) the first of which fined petitioner Johnsen five days’ pay and (2) the second of which fined petitioner Snow three days’ pay. Determinations confirmed and proceeding dismissed on the merits, with $50 costs and disbursements. Petitioner Johnsen was found guilty of failing to remain constantly alert and observant on a specific date and petitioner Snow was found guilty of permitting someone other than a member of the police department to enter and remain in a police department vehicle, both acts being in violation of the rules and regulations of the Nassau County Police Department. The charges were supported by substantial evidence and respondent’s determinations should be confirmed (see Matter of Pell v Board of Educ., 34 NY2d 222). Hopkins, Acting P. J., Martuscello, Cohalan, Damiani and Shapiro, JJ., concur.

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Bluebook (online)

54 A.D.2d 579, 387 N.Y.S.2d 146, 1976 N.Y. App. Div. LEXIS 13925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnsen-v-frank-nyappdiv-1976.