SMITH v. CITY OF NEW YORK


84 Misc.2d 51 (1975)

Count V. Smith, Respondent, v. City of New York et al., Appellants.

Supreme Court, Appellate Term, First Department.

October 15, 1975


Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan and Murray L. Lewis of counsel), for appellants. Kaufman & Kass (Lloyd M. Routman of counsel), for respondent.

Concur: FINE, J. P., FRANK and HUGHES, JJ.


Per Curiam.

Upon his arrest and charge of theft of police radios, plaintiff was suspended without pay from his civilian job with appellant Police Department. By letter dated February 25, 1974, in connection with a request from the department that plaintiff appear at its office regarding disciplinary proceedings, plaintiff's counsel wrote the department, inter alia "that there are presently criminal proceedings pending which would preclude you from proceeding...

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