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MATTER OF STEIN v. MURPHY

44 A.D.2d 796 (1974)

In the Matter of Barry D. Stein, Respondent, v. Patrick V. Murphy, as Commissioner of The Police Department of the City of New York, et al., Appellants

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

May 7, 1974

Kupferman, J. (dissenting):

While I am in general accord with the dissent filed by Mr. Justice Steuer, I approach the matter differently. The petitioner was indicted on February 25, 1970 and on the same day suspended without pay. On January 28, 1971, he was acquitted of all counts contained in the indictment. Obviously, he would not have wanted a hearing on the pending Police Department charges until after the conclusion of the criminal proceedings. A...

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