Lemmond v. Kennedy

New York Supreme Court

Lemmond v. Kennedy

26 Misc. 2d 267, 213 N.Y.S.2d 128, 1960 N.Y. Misc. LEXIS 2037

CourtNew York Supreme Court

DecidedDecember 12, 1960

StatusPublished

Cited by1 cases

This text of 26 Misc. 2d 267 (Lemmond v. Kennedy) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lemmond v. Kennedy, 26 Misc. 2d 267, 213 N.Y.S.2d 128, 1960 N.Y. Misc. LEXIS 2037 (N.Y. Super. Ct. 1960).

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Opinion

Arthur Markewich, J.

Petition (Civ. Prac. Act, art. 78) to review the determination of respondent Police Commissioner is dismissed. Petitioner pleaded guilty to the departmental [268]*268charges and contends the punishment of dismissal to have heen more severe than the “ moonlighting ” charge warranted. But more was involved; it appears that part of the outside work was done during sick leave when, says the Police Surgeon, petitioner was under orders to stay home. The Commissioner was here presented with cause to exercise his powers, and this court may not interfere with his determination.

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Arthur Markewich, J.

Petition (Civ. Prac. Act, art. 78) to review the determination of respondent Police Commissioner is dismissed. Petitioner pleaded guilty to the departmental [268]*268charges and contends the punishment of dismissal to have heen more severe than the “ moonlighting ” charge warranted. But more was involved; it appears that part of the outside work was done during sick leave when, says the Police Surgeon, petitioner was under orders to stay home. The Commissioner was here presented with cause to exercise his powers, and this court may not interfere with his determination.

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Bluebook (online)

26 Misc. 2d 267, 213 N.Y.S.2d 128, 1960 N.Y. Misc. LEXIS 2037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lemmond-v-kennedy-nysupct-1960.

Opinion

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