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MATTER OF HOLBOROW v. NEW YORK CITY TRANSIT AUTH.

30 N.Y.2d 868 (1972)

In the Matter of Walter Holborow, Respondent-Appellant, v. New York City Transit Authority, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1972.

Attorney(s) appearing for the Case

John A. Murray, Helen R. Cassidy and John G. de Roos for appellant-respondent.

Frank R. McGlynn for respondent-appellant.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON. Dissent: Judges BREITEL and JASEN.

On appeal by the Transit Authority: Order affirmed, without costs; no opinion.

Judges BREITEL and JASEN dissent and vote to modify in the following memorandum: We dissent and vote to modify and reinstate the determination on the ground that there was substantial evidence to sustain the determination and if believed, as it was, established the unfitness in character and conduct of petitioner to remain a transit police officer, a position of extreme sensitivity.

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