McAndrew v. Murphy

Appellate Division of the Supreme Court of New York

McAndrew v. Murphy

42 A.D.2d 895, 347 N.Y.S.2d 549, 1973 N.Y. App. Div. LEXIS 3561

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

DecidedSeptember 20, 1973

StatusPublished

This text of 42 A.D.2d 895 (McAndrew v. Murphy) 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

McAndrew v. Murphy, 42 A.D.2d 895, 347 N.Y.S.2d 549, 1973 N.Y. App. Div. LEXIS 3561 (N.Y. Ct. App. 1973).

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Opinion

[896]*896Determination of the Police Commissioner of the City of New York, dated February 17, 1972, dismissing petitioner from his position as patrolman in the New York City Police Department, unanimously modified, on the law and in the exercise of discretion, so as to mitigate the punishment from dismissal to suspension, without pay, for a period of two years from the date of his challenged dismissal by the Commissioner, and as so modified, confirmed, without costs and without disbursements. We find, on the record, that the charges against petitioner were supported by substantial evidence and that respondent was justified in taking disciplinary action against petitioner. However, in our opinion the ultimate punishment of dismissal was unduly harsh and severe. Accordingly, under all the circumstances of this case, a suspension for a period of two years would be sufficiently severe and would serve the purpose of an adequate sanction. Concur — Stevens, P. J., Markewich, Nunez, Murphy and Steuer, JJ.

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[896]*896Determination of the Police Commissioner of the City of New York, dated February 17, 1972, dismissing petitioner from his position as patrolman in the New York City Police Department, unanimously modified, on the law and in the exercise of discretion, so as to mitigate the punishment from dismissal to suspension, without pay, for a period of two years from the date of his challenged dismissal by the Commissioner, and as so modified, confirmed, without costs and without disbursements. We find, on the record, that the charges against petitioner were supported by substantial evidence and that respondent was justified in taking disciplinary action against petitioner. However, in our opinion the ultimate punishment of dismissal was unduly harsh and severe. Accordingly, under all the circumstances of this case, a suspension for a period of two years would be sufficiently severe and would serve the purpose of an adequate sanction. Concur — Stevens, P. J., Markewich, Nunez, Murphy and Steuer, JJ.

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Bluebook (online)

42 A.D.2d 895, 347 N.Y.S.2d 549, 1973 N.Y. App. Div. LEXIS 3561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcandrew-v-murphy-nyappdiv-1973.