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MATTER OF GOULD v. LOONEY

60 Misc.2d 973 (1969)

In the Matter of Monroe S. Gould, Petitioner, v. Francis B. Looney, as Commissioner of the Police Department of Nassau County, et al., Respondents.

Supreme Court, Special Term, Nassau County.

October 9, 1969

Attorney(s) appearing for the Case

Richard Hartman and Herbert Burstein for petitioner. Morris H. Schneider, County Attorney (Louis Schultz of counsel), for respondents.

BERTRAM HARNETT, J.

Can the Police Commissioner of Nassau County, without a prior hearing suspend a policeman without pay?

This central question of the instant article 78 CPLR proceeding invokes important questions of procedural due process, the balancing of public and private rights, and plain old-fashion statutory construction.

In the circumstances of this case, the court holds that the Nassau County Police Commissioner may suspend the...

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