FLOOD v. KENNEDY


26 Misc.2d 172 (1961)

James J. Flood et al., Plaintiffs, v. Stephen P. Kennedy, as Police Commissioner of the City of New York, Defendant.

Supreme Court, Special Term, New York County.

January 18, 1961


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon (Charles Ballon Eugene M. Kline and Michael J. Silverberg of counsel), for plaintiffs. Charles H. Tenney, Corporation Counsel (Leo A. Larkin, John F. Kelly and Albert Cooper of counsel), for defendant.


HENRY EPSTEIN, J.

By this motion, 24 members of the police force of this city seek to enjoin the Police Commissioner temporarily from holding any hearing to try them on charges of having violated section 2/47.0 of Police Department Rules and Regulations, which prohibits them from engaging in outside work (locally known as "moonlighting").

It is conceded in the papers that all of the plaintiffs did engage in outside work during hours when they...

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