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MATTER OF FENCLAU v. KIRWAN

42 A.D.2d 644 (1973)

In the Matter of Gerald J. Fenclau, Petitioner, v. William E. Kirwan, Jr., as Superintendent of The New York State Police, Respondent

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

June 25, 1973

The petitioner was accused of two charges. The first charge was premised upon his alleged failure to be responsible for the proper safeguarding of a person. To this charge he was found guilty. The second charge contained three specifications and he was found not guilty. The first charge set forth in substance that on October 12, 1971 petitioner was the desk officer at the New York State Police station at Clarence, New York. During such duty, Trooper Mohn arrived at the station...

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