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MATTER OF WALLACE v. MURPHY

21 N.Y.2d 433 (1968)

In the Matter of James Wallace, Appellant, v. Michael J. Murphy, as Police Commissioner of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 22, 1968.

Attorney(s) appearing for the Case

Victor J. Herwitz for appellant.

J. Lee Rankin, Corporation Counsel (Stanley Buchsbaum and Jesse I. Levine of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, KEATING and JASEN concur; Judge BREITEL taking no part.

SCILEPPI, J.

Petitioner James Wallace was dismissed from his position as patrolman in the New York City Police Department after a hearing on two sets of charges. The hearing was held before a deputy police commissioner (hereinafter referred to as the "trial commissioner") on February 26, April 13 and May 16, 1962.

Eight months after the hearing had been concluded, on January 17, 1963, the trial commissioner...

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