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MTR. OF KOUTNIK v. MURPHY

25 A.D.2d 197 (1966)

In the Matter of Stanley W. Koutnik, Respondent, v. Michael J. Murphy, as Police Commissioner of The City of New York, et al., Appellants

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

March 29, 1966.

Attorney(s) appearing for the Case

Benjamin Offner of counsel (Seymour B. Quel with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for appellants.

Frank T. Geoly of counsel (Fontana & Geoly, attorneys), for respondent.

BOTEIN, P. J., RABIN and STEVENS, JJ., concur. VALENTE, J., deceased.

STEUER, J.

In this article 78 proceeding petitioner, a Lieutenant in the Police Department, seeks to vacate the order of respondent Police Commissioner discharging him from the police force and to require the trustees of the Police Pension Fund to honor his resignation and award him a pension accordingly.

Petitioner was subpœnaed to appear before the Grand Jury in connection with an inquiry as to...

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