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MATTER OF LA FORGE v. KENNEDY

8 A.D.2d 143 (1959)

In the Matter of Frank La Forge, Jr., Petitioner, v. Stephen P. Kennedy, as Police Commissioner of The City of New York, Respondent In the Matter of John P. Ix, Petitioner, v. Stephen P. Kennedy, as Police Commissioner of The City of New York, Respondent

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

May 28, 1959.

Attorney(s) appearing for the Case

James H. Tully of counsel (John T. Redmond with him on the brief; Wood, Werner, France & Tully, attorneys), for petitioners.

Robert L. Ellis of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel), for respondent.

RABIN and VALENTE, JJ., concur with BREITEL, J. P.; McNALLY, J., dissents in opinion in which M. M. FRANK, J., concurs.

BREITEL, J. P.

Arising from an alleged incident on October 13, 1954, two police officers, with excellent records in the department, were dismissed from the force, on the testimony of two civilians with police records. The nub of the charges was that the two officers, while on radio patrol, arrested the two civilians, Luis Pagan and Rafael Castejon, accused them of possession of contraband narcotics, and then proceeded...

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