DETECTIVE ENDOWMENT ASSN. v. LEARY


36 A.D.2d 289 (1971)

In the Matter of The Detective Endowment Association, Police Department, City of New York, Inc., et al., Respondents, v. Howard R. Leary, as Police Commissioner of The City of New York, Appellant

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

April 15, 1971.


Attorney(s) appearing for the Case

Beatrice Rothman of counsel (Stanley Buchsbaum with her on the brief; J. Lee Rankin, Corporation Counsel), for appellant.

Abraham Shalo for respondents.

TILZER, J., dissents and votes to affirm for the reasons stated in the opinion of Mr. Justice SARAFITE at Special Term.


McNALLY, J.

In this article 78 proceeding, respondent appeals from the judgment, Supreme Court, New York County, entered July 6, 1970 which enjoined the Police Commissioner from assignment of the petitioners and others similarly situated to perform the duties of detective in the New York City Police Department for extended periods of time.

The Police Commissioner, as Chief Executive Agent of the Police...

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