Muldoon v. Mayor of Syracuse

Appellate Division of the Supreme Court of New York

Muldoon v. Mayor of Syracuse

40 A.D.2d 1076, 339 N.Y.S.2d 425, 1972 N.Y. App. Div. LEXIS 3126

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

DecidedDecember 12, 1972

StatusPublished

This text of 40 A.D.2d 1076 (Muldoon v. Mayor of Syracuse) 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

Muldoon v. Mayor of Syracuse, 40 A.D.2d 1076, 339 N.Y.S.2d 425, 1972 N.Y. App. Div. LEXIS 3126 (N.Y. Ct. App. 1972).

Pincite

Opinion

Determination modified by reducing penalty to suspension to date hereof and, as so modified, determination confirmed, without costs. Memorandum: Petitioner, a member of the City of Syracuse Police Department, was dismissed from the department for misconduct and seeks a review of the punishment imposed pursuant to CPLR 7803 (subd. 3), claiming it was an abuse of discretion. While we do not condone petitioner’s action, his record of 16 years of service as a police officer and the proof of his ability and com[1077]*1077petence do not justify dismissal. (See Matter of Picconi v. Lowery, 35 A D 2d 693, affd. 28 N Y 2d 962.) All concur except Marsh and Witmer, JJ., who dissent and vote to confirm the determination. (Review of determination dismissing petitioner, transferred by order of Onondaga Special Term.) Present— Goldman, P. J., Marsh, Witmer, Moule and Cardamone, JJ.

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Determination modified by reducing penalty to suspension to date hereof and, as so modified, determination confirmed, without costs. Memorandum: Petitioner, a member of the City of Syracuse Police Department, was dismissed from the department for misconduct and seeks a review of the punishment imposed pursuant to CPLR 7803 (subd. 3), claiming it was an abuse of discretion. While we do not condone petitioner’s action, his record of 16 years of service as a police officer and the proof of his ability and com[1077]*1077petence do not justify dismissal. (See Matter of Picconi v. Lowery, 35 A D 2d 693, affd. 28 N Y 2d 962.) All concur except Marsh and Witmer, JJ., who dissent and vote to confirm the determination. (Review of determination dismissing petitioner, transferred by order of Onondaga Special Term.) Present— Goldman, P. J., Marsh, Witmer, Moule and Cardamone, JJ.

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Bluebook (online)

40 A.D.2d 1076, 339 N.Y.S.2d 425, 1972 N.Y. App. Div. LEXIS 3126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muldoon-v-mayor-of-syracuse-nyappdiv-1972.