MATTER OF O'CONNOR v. FRANK


38 N.Y.2d 963 (1976)

In the Matter of James J. O'Connor, Respondent, v. Louis J. Frank, as Commissioner of Police of the County of Nassau, Appellant.

Court of Appeals of the State of New York.

Decided March 23, 1976.


Attorney(s) appearing for the Case

John F. O'Shaughnessy, County Attorney (Natale C. Tedone and William S. Norden of counsel), for appellant.

Richard Hartman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The judgment reducing the penalty from five days' pay to one day's pay on each charge, though an understandable reflection of the Appellate Division's concern with the mitigating circumstances surrounding the respondent police officer's absence from his post, unwarrantedly interfered with the police commissioner's exercise of his considered judgment. It cannot be said that the discipline imposed was "so disproportionate...

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