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MATTER OF TALAMO v. MURPHY

46 A.D.2d 853 (1974)

In the Matter of Peter M. Talamo, Appellant, v. Patrick V. Murphy, as Police Commissioner 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

Nunez and Kupferman, JJ., dissent in the following memorandum by Kupferman, J.:

We would reverse and grant the petition to annul the Commissioner's determination and remand to the Commissioner for further proceedings not inconsistent herewith. Petitioner was appointed a probationary patrolman and his performance of his duties was completely satisfactory. While on duty and chasing some perpetrators, he tripped over a stanchion and was injured. The Police Surgeon, after...

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