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MATTER OF HALLORAN v. KIRWAN

28 N.Y.2d 689 (1971)

In the Matter of John M. Halloran, Appellant, v. William E. Kirwan, Jr., as Superintendent of State Police, Respondent.

Court of Appeals of the State of New York.

Decided March 3, 1971.

Attorney(s) appearing for the Case

Seth Towse for appellant.

Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN and GIBSON. Judge SCILEPPI dissents and votes to modify by remitting matter to Superintendent of State Police for reconsideration and reduction of penalty of dismissal upon the ground that penalty imposed was grossly excessive. Judge BREITEL dissents and votes to affirm in the following opinion in which Judge JASEN concurs.

Order reversed, with costs, and determination of respondent annulled. Lacking in this case is definitive proof that petitioner intended to commit larceny and, accordingly, the order appealed from should be reversed and respondent's determination annulled on the ground that there is no substantial evidence in the record to support it.

BREITEL, J. (dissenting).

There are two issues in the case. The first is whether there was substantial evidence...

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