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MATTER OF GARDNER v. BRODERICK

20 N.Y.2d 227 (1967)

In the Matter of Robert V. Gardner, Appellant, v. Vincent L. Broderick, as Police Commissioner of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Ronald Podolsky for appellant.

J. Lee Rankin, Corporation Counsel (Robert T. Hartmann and Stanley Buchsbaum of counsel), for respondents.

Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.

Chief Judge FULD.

In this article 78 proceeding, the petitioner seeks reinstatement as a patrolman in the New York City Police Department, claiming that he was dismissed solely for refusing to waive his privilege against self incrimination and that it was unconstitutional for the Police Commissioner to discharge him on that ground. In August of 1965, a New York County...

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