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MATTER OF CONLON v. MURPHY

27 A.D.2d 819 (1967)

In the Matter of Edward P. Conlon, Petitioner, v. Michael J. Murphy, as Police Commissioner and as Chairman of The Board of Trustees of the Police Pension Fund, Article 2, City of New York, et al., Respondents

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

March 21, 1967

MEMORANDUM BY THE COURT.

Determination of Police Commissioner that petitioner be dismissed from the Police Department of the City of New York, annulled, on the law, and petitioner reinstated, without costs and without disbursements. The record can support no other conclusion than that petitioner's desire to consult counsel before answering was bona fide and unfeigned and that there was sufficient reason for consultation. His refusal to answer having been adequately...

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