Muscatella v. Murphy

Appellate Division of the Supreme Court of New York

Muscatella v. Murphy

41 A.D.2d 524, 340 N.Y.S.2d 373, 1973 N.Y. App. Div. LEXIS 5258

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

DecidedJanuary 23, 1973

StatusPublished

This text of 41 A.D.2d 524 (Muscatella 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

Muscatella v. Murphy, 41 A.D.2d 524, 340 N.Y.S.2d 373, 1973 N.Y. App. Div. LEXIS 5258 (N.Y. Ct. App. 1973).

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Opinion

Determination of the Police Commissioner of the City of New York, dated September 21, 1971, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of reducing the punishment imposed from dismissal to suspension to the date of publication hereof, and, as so modified, confirmed, without costs and without disbursements. The finding that petitioner was guilty of two of the three specifications against him is supported by substantial evidence. Under the circumstances, however, the punishment imposed was excessive, especially when viewed in the light of petitioner’s good service record dating back to December, 1962, and the nature of the charges. Even in proceedings involving more serious offenses “ Our courts have heretofore revoked sentences of dismissal of employees with records of prior good service and substituted suspension. [Citing cases.] ” (Matter of Smith v. Murphy, 38 A D 2d 931.) Concur — Markewich, J. P., Kupferman, Murphy, Lane and Capozzoli, JJ.

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Determination of the Police Commissioner of the City of New York, dated September 21, 1971, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of reducing the punishment imposed from dismissal to suspension to the date of publication hereof, and, as so modified, confirmed, without costs and without disbursements. The finding that petitioner was guilty of two of the three specifications against him is supported by substantial evidence. Under the circumstances, however, the punishment imposed was excessive, especially when viewed in the light of petitioner’s good service record dating back to December, 1962, and the nature of the charges. Even in proceedings involving more serious offenses “ Our courts have heretofore revoked sentences of dismissal of employees with records of prior good service and substituted suspension. [Citing cases.] ” (Matter of Smith v. Murphy, 38 A D 2d 931.) Concur — Markewich, J. P., Kupferman, Murphy, Lane and Capozzoli, JJ.

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Bluebook (online)

41 A.D.2d 524, 340 N.Y.S.2d 373, 1973 N.Y. App. Div. LEXIS 5258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muscatella-v-murphy-nyappdiv-1973.