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MATTER OF KAMINSKY v. KENNEDY

9 A.D.2d 541 (1960)

In the Matter of Stanley Kaminsky, Petitioner, v. Stephen P. Kennedy, as Police Commissioner of The Police Department of the City of New York, et al., Respondents

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

February 16, 1960.

Attorney(s) appearing for the Case

Victor J. Herwitz of counsel (Benjamin R. Kaplan with him on the brief; Victor J. Herwitz, attorney), for petitioner.

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

RABIN, J. P., M. M. FRANK, VALENTE, McNALLY and STEVENS, JJ., concur.

Per Curiam.

In this article 78 proceeding, petitioner seeks to annul the determination of the respondents discharging him from the New York City Police Department upon a finding of guilty to charges set forth in the following specifications:

"2. Said Patrolman Kaminsky did fail to give a `full, true and correct' answer to Question Number 5 on the above Communist Activities Form, as required in verification...

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