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MATTER OF MURPHY v. MURPHY

38 N.Y.2d 690 (1976)

In the Matter of James J. Murphy, Respondent, v. Patrick V. Murphy, as Police Commissioner of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided February 19, 1976.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Murray L. Lewis and L. Kevin Sheridan of counsel), for appellants.

Joseph W. Allen for respondent.

Chief Judge BREITEL and Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur with Judge JONES; Judge JASEN dissents and votes to reverse in a separate opinion.

JONES, J.

We are asked to uphold a challenge to the legality of a penalty of loss of salary imposed by the Police Commissioner of the City of New York in a disciplinary proceeding.

Respondent was found guilty after a departmental hearing of a violation of the Rules and Procedures of the New York City Police Department. As punishment the Police Commissioner directed that he be fined "90 days pay and *...

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