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MATTER OF CENTNER v. MONAGHAN

7 N.Y.2d 877 (1959)

In the Matter of Frank J. Centner et al., Appellants, v. George P. Monaghan, as Police Commissioner of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Alfred Giardino, Joseph Lorenz and John F. X. Finn, Jr., for Walter D. Barbuck, Francis W. Barron, Frank J. Centner, Edward T. Cugell, James W. Flynn, John A. Gilgan, John F. Harris, John W. Herlihy, Max Lieberman, Walter J. Malone, Edward F. Morton, Francis P. Moynihan, Lucino P. Nacciaroni, Rocco J. Pancaldo, Daniel A. Regan, Thomas F. Rooney, Jr., Isadore Schwal, Herman Schwartzberg and Edward Scro, appellants.

Harris B. Steinberg and Herbert L. Scharf for Morris J. Coon, appellant.

Philip V. Manning for Edward J. Kapple, appellant.

Charles H. Tenney, Corporation Counsel (Victor J. Herwitz and Seymour B. Quel of counsel), for respondent.

Concur: Judges DESMOND, DYE, FROESSEL and VAN VOORHIS. Dissent: Chief Judge CONWAY and Judge FULD. Taking no part: BURKE, J.

Order affirmed, without costs; no opinion.

Chief Judge CONWAY and Judge FULD dissent and vote to reverse the order insofar as it affects appellants Centner, Coon, Flynn, Herlihy, Malone, Pancaldo and Schwartzberg, upon the ground that the evidence against them does not meet the standard prescribed and demanded by our decision in Matter of Evans v. Monaghan (306 N.Y. 312

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