In the Matter of Joseph B. Franchina, Appellant,
v.
Michael J. Codd, as Police Commissioner of The Police Department of the City of New York, et al., Respondents
In the Matter of Leon Moore, Appellant,
v.
Alphonse D'Ambrose, as City Personnel Director and as Chairman of The City Civil Service Commission, et al., Respondents
In the Matter of Vyto J. Atkatsh, Respondent,
v.
Michael J. Codd, as Police Commissioner of The City of New York, et al., Appellants
In the Matter of James J. McCabe, Respondent,
v.
Michael J. Codd, as Police Commissioner of The City of New York, et al., Appellants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 19, 1977
May 19, 1977
Attorney(s) appearing for the Case
Sam Resnicoff of counsel (Sam Resnicoff and Murray A. Gordon, P. C., attorneys), for Joseph B. Franchina, appellant.
Paul T. Rephen of counsel (L. Kevin Sheridan with him on the brief; W. Bernard Richland, Corporation Counsel), for Michael J. Codd and others, respondents in first and second above-entitled proceedings.
Sam Resnicoff of counsel (Murray A. Gordon with him on the brief; Murray A. Gordon, P. C., and Sam Resnicoff, attorneys), for Leon Moore, appellant.
Paul T. Rephen of counsel (L. Kevin Sheridan with him on the brief; W. Bernard Richland, Corporation Counsel, attorney), for Michael J. Codd and others, appellants in third and fourth above-entitled proceedings.
Richard A. Dienst of counsel (Schofield, Dienst & Hartnett, attorneys), for Vyto Atkatsh, respondent.
Sam Resnicoff of counsel (Murray A. Gordon with him on the brief; Murray A. Gordon, P. C., and Sam Resnicoff, attorneys), for James J. McCabe, respondent.
KUPFERMAN, J. P., and SILVERMAN, J., concur with MARKEWICH, J.; LUPIANO, J., dissents in opinion.
Appellate Division of the Supreme Court of the State of New York, First Department.
MARKEWICH, J.
Each of the four petitioners below — two appellants, two respondents here — resigned from the police department under honorable circumstances, with spotless records, for reasons having nothing whatever to do with their performance as officers. Following periods of separation from the department of about 10 months — 9 in one case — each applied for reinstatement. In each...
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