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MATTER OF WRIGHT v. LOONEY

35 A.D.2d 555 (1970)

In the Matter of Robert H. Wright, Petitioner, v. Francis B. Looney, as Commissioner of Police of The County of Nassau, Respondent

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

July 13, 1970

Determination modified, on the law, by striking out the penalty of dismissal and by substituting therefor a provision that the penalty be suspension for a period terminating on the date of entry of the order hereon and that petitioner be reinstated to his position at that time. As so modified, determination confirmed, without costs.

In our opinion, the penalty of dismissal was excessive and an abuse of discretion to the extent indicated herein (CPLR 7803,

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