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MATTER OF BODDIE v. COUNTY OF WESTCHESTER

33 N.Y.2d 835 (1973)

In the Matter of James Boddie, Appellant-Respondent, v. County of Westchester et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided December 27, 1973.

Attorney(s) appearing for the Case

John J. S. Mead, County Attorney (Alfred J. Mungo of counsel), for respondents-appellants.

Alfred Olsen for appellant-respondent.

Concur: Chief Judge FULD and Judges BURKE, JONES and WACHTLER. Judge BREITEL dissents and votes to reverse in the following opinion in which Judges JASEN and GABRIELLI concur.

On respondents' appeal: Order affirmed, without costs.

BREITEL, J. (dissenting in part).

The finding by the commissioner, invulnerable to judicial review, that appellant Boddie waved a loaded revolver at inmates under his charge in a local jail not only merited dismissal of Boddie, but would merit complaint against the commissioner if he retained Boddie in so sensitive a position. The waving of a loaded...

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