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MATTER OF LEMMOND v. KENNEDY

26 Misc.2d 267 (1960)

In the Matter of James N. Lemmond, Petitioner, v. Stephen P. Kennedy, as Police Commissioner of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

December 12, 1960

Attorney(s) appearing for the Case

Eugene R. Canudo for petitioner. Charles H. Tenney, Corporation Counsel, for respondents.

ARTHUR MARKEWICH, J.

Petition (Civ. Prac. Act, art. 78) to review the determination of respondent Police Commissioner is dismissed. Petitioner pleaded guilty to the departmental charges and contends the punishment of dismissal to have been more severe than the "moonlighting" charge warranted. But more was involved; it appears that part of the outside work was done during sick leave when, says the Police Surgeon...

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