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Matter of Bernardini v. Port of New York Authority

Court of Appeals of the State of New York
May 15, 1974
314 N.E.2d 423 (N.Y. 1974)

Opinion

Argued March 21, 1974

Decided May 15, 1974

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.

A. Bernard King for appellant.

Herbert Ouida and Patrick J. Falvey for respondent.


Order affirmed, with costs. (See Matter of Pell v. Board of Educ., 34 N.Y.2d 222, especially discussion in Matter of Muldoon v. Mayor of Syracuse [at pp. 236-237].) It is also noted that petitioner in this case was offered, in lieu of his last position, employment involving less of a public risk than that associated with the status of peace officer entitled to bear arms.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN. Taking no part: Judge STEVENS.


Summaries of

Matter of Bernardini v. Port of New York Authority

Court of Appeals of the State of New York
May 15, 1974
314 N.E.2d 423 (N.Y. 1974)
Case details for

Matter of Bernardini v. Port of New York Authority

Case Details

Full title:In the Matter of ALLAN BERNARDINI, Appellant, v. PORT OF NEW YORK…

Court:Court of Appeals of the State of New York

Date published: May 15, 1974

Citations

314 N.E.2d 423 (N.Y. 1974)
314 N.E.2d 423
357 N.Y.S.2d 863

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