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MATTER OF KELLY v. MONAGHAN

9 A.D.2d 92 (1959)

In the Matter of James M. Kelly, Petitioner, v. George P. Monaghan, as Police Commissioner of The City of New York, Respondent

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

October 20, 1959.

Attorney(s) appearing for the Case

Edward J. McCann, attorney (Milton Weintraub and Samuel Hart with him on the brief), for petitioner.

Henry J. Shields of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel, attorney), for respondent.

BOTEIN, P. J., BREITEL, M. M. FRANK, VALENTE and STEVENS, JJ., concur.

Per Curiam.

Petitioner brought this proceeding under article 78 of the Civil Practice Act for an order annulling the determination of the Police Commissioner of the City of New York finding petitioner guilty of charges of misconduct and dismissing him from the force. Additionally, petitioner sought immediate reinstatement as a patrolman in the Police Department.

The hearings on charges preferred against petitioner...

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