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  5. 38 N.Y.2d 583 (1976)
 

MATTER OF SCORNAVACCA v. LEARY

38 N.Y.2d 583 (1976)

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

Court of Appeals of the State of New York.

Decided February 17, 1976.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Nina G. Goldstein, L. Kevin Sheridan and Bernard Abel of counsel), for appellants in the first and second above-entitled proceedings.

Bernard G. Ehrlich for respondent in the first above-entitled proceeding.

Harvey L. Greenberg for respondent in the second above-entitled proceeding.

Chief Judge BREITEL and Judges JASEN, GABRELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Per Curiam.

The orders of the Appellate Division should be reversed and the petitions dismissed in these article 78 proceedings.

Both of these petitioners are New York City patrolmen who were suspended without pay pending the determination of departmental charges. Petitioner Scornavacca was criminally charged with assault and suspended on August 30, 1968. The criminal charges were dismissed on January 22, 1969...

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