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MATTER OF DE LUCA v. GAFFNEY

202 Misc. 975 (1953)

In the Matter of Theodore W. De Luca, Petitioner, v. John A. Gaffney, as Superintendent of New York State Troopers, Division of State Police, Respondent.

Supreme Court, Special Term, Albany County.

January 28, 1953.

Attorney(s) appearing for the Case

Bannigan & Zirin for petitioner.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown and Herman N. Harcourt of counsel), for respondent.

BOOKSTEIN, J.

The State Troopers are an organization in the Executive Department of this State, created and existing under the Executive Law, and subject to its provisions. (Executive Law, art. 11.) By subdivision 2 of section 215 of that law, it is provided, in part, that: "The superintendent shall make rules and regulations subject to approval by the governor for the discipline and control of the force and...

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