Vano v. McGuire

Appellate Division of the Supreme Court of New York

Vano v. McGuire

70 A.D.2d 540, 416 N.Y.S.2d 277, 1979 N.Y. App. Div. LEXIS 11910

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

DecidedMay 15, 1979

StatusPublished

Cited by3 cases

This text of 70 A.D.2d 540 (Vano v. McGuire) 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

Vano v. McGuire, 70 A.D.2d 540, 416 N.Y.S.2d 277, 1979 N.Y. App. Div. LEXIS 11910 (N.Y. Ct. App. 1979).

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Opinion

—In this CPLR article 78 proceeding transferred to this court pursuant to CPLR 7804 (subd [g]), the administrative determination of November 1, 1977 by the Police Commissioner, dismissing the petitioners from employment, is annulled, on the law, and the proceeding remanded to the respondent commissioner for consideration of the entire record, without costs. The Police Commissioner must have the entire record available for consideration before he can dismiss or otherwise discipline a police officer. (L 1940, ch 834 § 1; Matter of Wallace v Murphy, 21 NY2d 433; Matter of Kelly v Monaghan, 9 AD2d 92.) The determination dismissing petitioners as police officers was made on November 1, 1977. However, the transcripts of the testimony of several of the witnesses, relatives of the complainants, whose charges resulted in the dismissal, were not prepared and certified until some six months later. It cannot be said that their corroborating testimony was unnecessary to the determination. Concur—Murphy, P. J., Kupferman, Birns, Lupiano and Ross, JJ.

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—In this CPLR article 78 proceeding transferred to this court pursuant to CPLR 7804 (subd [g]), the administrative determination of November 1, 1977 by the Police Commissioner, dismissing the petitioners from employment, is annulled, on the law, and the proceeding remanded to the respondent commissioner for consideration of the entire record, without costs. The Police Commissioner must have the entire record available for consideration before he can dismiss or otherwise discipline a police officer. (L 1940, ch 834 § 1; Matter of Wallace v Murphy, 21 NY2d 433; Matter of Kelly v Monaghan, 9 AD2d 92.) The determination dismissing petitioners as police officers was made on November 1, 1977. However, the transcripts of the testimony of several of the witnesses, relatives of the complainants, whose charges resulted in the dismissal, were not prepared and certified until some six months later. It cannot be said that their corroborating testimony was unnecessary to the determination. Concur—Murphy, P. J., Kupferman, Birns, Lupiano and Ross, JJ.

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Bluebook (online)

70 A.D.2d 540, 416 N.Y.S.2d 277, 1979 N.Y. App. Div. LEXIS 11910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vano-v-mcguire-nyappdiv-1979.

Opinion

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