MATTER OF MURRAY v. MURPHY


24 N.Y.2d 150 (1969)

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

Court of Appeals of the State of New York.

Decided March 5, 1969.


Attorney(s) appearing for the Case

Victor J. Herwitz and Oren C. Herwitz for appellants.

J. Lee Rankin, Corporation Counsel (Eric J. Byrne and Stanley Buchsbaum of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and BREITEL concur with Judge KEATING; Judge JASEN dissents and votes to affirm on the opinion at the Appellate Division.


KEATING, J.

Petitioners, Murray and Mullaney, were two detectives who were brought up on disciplinary charges by the Police Commissioner of the City of New York which ultimately resulted in a determination dismissing them from the department. The charges stemmed from their assignment to investigate a complaint filed by Seymour Tauss that certain merchandise and equipment had been feloniously taken by his two...

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