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MATTER OF GORDON v. MONAGHAN

309 N.Y. 336 (1955)

In the Matter of Charles J. Gordon, Appellant, v. George P. Monaghan, as Commissioner of the Police Department of The City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1955

Attorney(s) appearing for the Case

George W. Herz for appellant.

Peter Campbell Brown, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for respondent.

CONWAY, Ch. J., DESMOND, FULD and VAN VOORHIS, JJ., concur; DYE and BURKE, JJ., taking no part.

FROESSEL, J.

On April 22, 1952, petitioner, a police lieutenant with nearly twenty-seven years of active service, filed a written application for retirement from the New York City Police Force effective May 22, 1952. Accompanying it was a written application for thirty days' leave of absence without pay, effective 12:01 A.M. the next day, April 23d, and terminating at the time his retirement would take effect...

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