Savello v. Frank

Appellate Division of the Supreme Court of New York

Savello v. Frank

48 A.D.2d 699, 368 N.Y.S.2d 51, 1975 N.Y. App. Div. LEXIS 9747

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

DecidedMay 27, 1975

StatusPublished

Cited by1 cases

This text of 48 A.D.2d 699 (Savello 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

Savello v. Frank, 48 A.D.2d 699, 368 N.Y.S.2d 51, 1975 N.Y. App. Div. LEXIS 9747 (N.Y. Ct. App. 1975).

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Opinion

Proceeding by a Nassau County police officer, pursuant to CPLR article 78, to review respondent’s determination, dated July 1, 1974, which, after a hearing, found petitioner guilty of two specifications of misconduct and fined him seven days’ pay on one specification and three days’ pay on the other, for a total fine of 10 days’ pay. Petition granted to the extent that the determination is modified, on the law, by reducing the fine to a total of seven days’ pay. As so modified, determination confirmed and petition otherwise dismissed on the merits, without costs. There was ample and substantial evidence to support the finding that petitioner was guilty of the underlying violation for which he was charged, viz., failure to obey the lawful order of a superior officer. However, although two different departmental rules were cited, they covered the identical conduct and, under the facts of this case, were merely duplicative. Petitioner should not receive two punishments for the one offense. Rabin, Acting P. J., Hopkins, Martuscello, Cohalan and Munder, JJ., concur.

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Proceeding by a Nassau County police officer, pursuant to CPLR article 78, to review respondent’s determination, dated July 1, 1974, which, after a hearing, found petitioner guilty of two specifications of misconduct and fined him seven days’ pay on one specification and three days’ pay on the other, for a total fine of 10 days’ pay. Petition granted to the extent that the determination is modified, on the law, by reducing the fine to a total of seven days’ pay. As so modified, determination confirmed and petition otherwise dismissed on the merits, without costs. There was ample and substantial evidence to support the finding that petitioner was guilty of the underlying violation for which he was charged, viz., failure to obey the lawful order of a superior officer. However, although two different departmental rules were cited, they covered the identical conduct and, under the facts of this case, were merely duplicative. Petitioner should not receive two punishments for the one offense. Rabin, Acting P. J., Hopkins, Martuscello, Cohalan and Munder, JJ., concur.

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Bluebook (online)

48 A.D.2d 699, 368 N.Y.S.2d 51, 1975 N.Y. App. Div. LEXIS 9747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savello-v-frank-nyappdiv-1975.

Opinion

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