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MATTER OF TORO v. MALCOLM

44 N.Y.2d 146 (1978)

In the Matter of Peter Toro, Respondent, v. Benjamin J. Malcolm, as Commissioner of the Department of Correction of the City of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 29, 1978.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Irving Cohen, L. Kevin Sheridan and Leonard Koerner of counsel), for appellants.

Robert Rivers, P. C., for respondent.

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

JASEN, J.

The issue posed on this appeal is whether a public officer whose felony conviction is reversed on appeal is entitled to an award of back pay from the date of his conviction to the date of his voluntary reinstatement.

Respondent, Peter Toro, was appointed on September 8, 1969 as a Correction Officer of the New York City Correction Department. On August...

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