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MATTER OF PICCONI v. LOWERY

28 N.Y.2d 962 (1971)

In the Matter of Lino Picconi, Respondent, v. Robert O. Lowery, as Fire Commissioner of the City of New York, Appellant.

Court of Appeals of the State of New York.

Decided May 26, 1971.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Leonard Koerner and Stanley Buchsbaum of counsel), for appellant.

Lester G. Knopping for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON. Judge JASEN dissents and votes to reverse in the following opinion.

Order affirmed, with costs; no opinion.

JASEN, J. (dissenting).

The charges against the petitioner, sustained by the Appellate Division and all the members of this court, constitute a serious breach of the rules and regulations of the fire department. The record discloses that on at least eight occasions the petitioner, as a fire department building inspector, recommended, after inspecting various premises...

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