Matter of Walker v. Murphy

Full title: In the Matter of JOSEPH F. WALKER, Appellant, v. MICHAEL J. MURPHY, as…

Court: Court of Appeals of the State of New York

Date published: Dec 3, 1964

15 N.Y.2d 650 (N.Y. 1964)

255 N.Y.S.2d 869

204 N.E.2d 201

Opinion

Argued November 23, 1964

Decided December 3, 1964

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.

Daniel P.A. Sweeney and Irving A. Silverman for appellant.

Leo A. Larkin, Corporation Counsel ( Edward J. McLaughlin and Seymour B. Quel of counsel), for respondent.

Per Curiam.

There is substantial evidence to support the Commissioner's determination that the petitioner was guilty of the charges filed against him. As to the petitioner's "punishment", it is sufficient to say that, although CPLR 7803, subdivision 3 (formerly Civ. Prac. Act, § 1296, subd. 5-a), vests this court with power to review the measure of discipline imposed (see, e.g., Matter of Payton v. New York City Tr. Auth., 8 N.Y.2d 737; Matter of Berman v. Morris, 14 N.Y.2d 849), we find no basis or ground in the record for interfering with the Commissioner's decision dismissing the petitioner from the police department.

The order appealed from should be affirmed, without costs.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur.

Order affirmed.