RAPP v. RET. SYS.


42 N.Y.2d 1 (1977)

In the Matter of Robert H. Rapp, Respondent, v. New York City Employees' Retirement System et al., Appellants.

Court of Appeals of the State of New York.

Decided June 7, 1977.


Attorney(s) appearing for the Case

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

Thomas J. O'Brien for respondent.

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


COOKE, J.

After a hearing, the board of the New York City Transit Authority unanimously voted to remove petitioner, on the ground of misconduct, from his position as Chief of Transit Police, dismissing him from the Transit Authority, effective March 11, 1975. Petitioner's dismissal was upheld by the courts (51 A.D.2d 551, mot for lv to app den 38 N.Y.2d 712). Prior to that date...

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