Summary
In Matter of Donohue v. New York State Police (19 N.Y.2d 954) we held the sanction of dismissal of petitioner excessive as a matter of law and remanded the proceeding.
Summary of this case from Pell v. Board of EducationOpinion
Argued April 18, 1967
Decided May 31, 1967
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
William Goffen for appellant.
Louis J. Lefkowitz, Attorney-General ( Robert W. Imrie, Ruth Kessler Toch and Herbert H. Smith of counsel), for respondent.
John H. McCaddin for Police Benevolent Association of the New York State Police, Inc., amicus curiae. Arthur J. Harvey for Police Conference of New York, Inc., amicus curiae.
Order reversed upon the ground that the penalty imposed upon appellant is excessive as a matter of law (CPLR 7803, subd. 3; see Matter of Bell v. Waterfront Comm., 20 N.Y.2d 54 [also decided today]; Matter of Walker v. Murphy, 15 N.Y.2d 650, 651). His discharge is annulled and the proceeding remanded to respondent on the dissenting opinion at the Appellate Division for a determination in accordance therewith ( 25 A.D.2d 908).
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, BERGAN, KEATING and BREITEL. Judge SCILEPPI dissents and votes to affirm upon the opinion at the Appellate Division.