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MTR. OF SCORNAVACCA v. LEARY

46 A.D.2d 114 (1974)

In the Matter of Donald J. Scornavacca, Petitioner, v. Howard R. Leary, as Commissioner of The Police Department of the City of New York, et al., Respondents

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

December 3, 1974.

Attorney(s) appearing for the Case

Charles Sutton of counsel (Biaggi, Ehrlich & Lang, attorneys), for petitioner.

Bernard Abel of counsel (L. Kevin Sheridan with him on the brief; Adrian P. Burke, Corporation Counsel), for respondents.

McGIVERN, P. J., NUNEZ and MACKEN, JJ., concur with LUPIANO, J.; KUPFERMAN, J., concurs in a separate opinion.

LUPIANO, J.

In this article 78 proceeding, petitioner (a patrolman in the Police Department) seeks review and annulment of the respondent Police Commissioner's determination finding him guilty of the charge and specification that he violated certain rules and procedures of the New York City Police Department (Rules and Procedures 2/37.1; 2/63.2) in that while escorting a prisoner, he wrongfully assaulted the...

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