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MATTER OF TOLAN v. MURPHY

39 A.D.2d 197 (1972)

In the Matter of John P. Tolan, Petitioner, v. Patrick V. Murphy, as Police Commissioner of The City of New York, et al., Respondents

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

June 13, 1972.

Attorney(s) appearing for the Case

Joseph W. Allen of counsel (John P. Schofield with him on the brief; Schofield, Dienst & Allen, attorneys), for petitioner.

Irving Genn of counsel (Stanley Buchsbaum with him on the brief; J. Lee Rankin, Corporation Counsel), for respondents.

MARKEWICH, STEUER and CAPOZZOLI, JJ., concur; STEVENS, P. J., concurs in result.

McGIVERN, J.

The petitioner in this article 78 proceeding is John P. Tolan, a Detective Senior Grade of the New York City Police Department, of which he has been a member since 1952, serving honorably and without blemish. He would have us set aside a determination of the Police Commissioner that he be dismissed from the department for misconduct. At the time charges were preferred against him, Detective Tolan had been serving as a confidential clerk in...

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