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MATTER OF BOVINO v. SCOTT

22 N.Y.2d 214 (1968)

In the Matter of Vincent J. Bovino, Respondent, v. Martin Scott, as Fire Commissioner of the Fire Department of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided June 5, 1968.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Jesse I. Levine of counsel), for appellant.

Michael I. Winter and Abraham H. Geffner for respondent.

Chief Judge FULD and Judges BURKE and KEATING concur with Judge BERGAN; Judge JASEN dissents and votes to reverse and reinstate the determination of the Fire Commissioner in a separate opinion in which Judges SCILEPPI and BREITEL concur.

BERGAN, J.

Both the Appellate Division and this court are vested with power, pursuant to CPLR 7803 (subd. 3), to deal as a matter of law with the measure of discipline imposed on a subordinate civil service employee (Matter of Bell v. Waterfront Comm., 20 N.Y.2d 54, 63; Matter of Donohue v. New York State Police, 19 N.Y.2d 954

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