MATTER OF McDERMOTT v. MURPHY


15 A.D.2d 479 (1961)

In the Matter of James P. McDermott, Respondent, v. Michael J. Murphy, as Commissioner of The Police Department of the City of New York, Appellant

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

December 19, 1961


Order entered on March 28, 1961, which annulled a determination of the Police Commissioner dismissing petitioner from the police force and remanded the matter to the Police Commissioner for a reconsideration of the punishment imposed, reversed on the law and on the facts, and the petition dismissed, with $20 costs and disbursements to the appellant.

Under subdivision 5-a of section 1296 of the Civil Practice Act, a court in an article 78 proceeding may determine ...

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