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MATTER OF EVANS v. MONAGHAN

282 A.D. 382 (1953)

In the Matter of Thomas J. Evans et al., Petitioners, v. George P. Monaghan et al., Constituting The Board of Trustees of the Police Pension Fund, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

July 7, 1953.

Attorney(s) appearing for the Case

Murray A. Gordon, Barney Rosenstein and Daniel Jacobson of counsel (Doros & Gallione, Daniel Jacobson, Irving Mendelson, Robertson J. Eliasberg, attorneys), for petitioners.

Victor J. Herwitz and Seymour B. Quel of counsel (Denis M. Hurley, Corportaion Counsel, attorney), for respondent.

COHN and BREITEL, JJ., concur with BERGAN, J.; DORE, J. P., and CALLAHAN, J., dissent and vote to annul the determination, dismiss the proceedings and reinstate petitioners, in opinion.

BERGAN, J.

The charges upon which petitioners were dismissed from the police department by the commissioner after a trial before his deputy are essentially the same charges on which they were previously acquitted by the commissioner. The central problem presented here is whether the prior determination dismissing the charges had such legal finality that it has become...

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