MATTER OF GARDNER v. MURPHY


46 Misc.2d 728 (1965)

In the Matter of Robert V. Gardner et al., Petitioners, v. Michael J. Murphy, as Police Commissioner of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

June 14, 1965


Attorney(s) appearing for the Case

Irwin Asofsky for Robert V. Gardner, petitioner. Fontana & Geoly for Stanley M. Koutnik, petitioner. Gilbert S. Rosenthal for John J. Smith, petitioner. Leo A. Larkin, Corporation Counsel (Irwin L. Herzog of counsel), for respondents.


JACOB MARKOWITZ, J.

Applications under calendar numbers 117 and 104 of the same date are consolidated herein with the application under calendar number 103 and decided together.

Each of the petitioners, by way of an article 78 proceeding, invokes the judicial power to annul his dismissal from the Police Department of the City of New York, to order his reinstatement to the position from which he was discharged...

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