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MTR. OF BROWN v. CODD

62 A.D.2d 547 (1978)

In the Matter of James T. Brown, Jr., Petitioner, v. Michael J. Codd, Individually and as Commissioner of The Police Department of the City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 1, 1978

Attorney(s) appearing for the Case

Eugene Prosnitz for petitioner.

Carolyn E. Demarest of counsel (Leonard Koerner with her on the brief; Allen G. Schwartz, Corporation Counsel), for respondent.

BIRNS and EVANS, JJ., concur with MURPHY, P. J.; SILVERMAN and LYNCH, JJ., concur in an opinion by LYNCH, J.

MURPHY, P. J.

Petitioner Brown was appointed as a patrolman in the New York City Police Department on June 26, 1963. In the early months of 1974, he was charged with: (1) failing to care for his off-duty revolver with its resultant loss on January 8, 1974; (2) engaging in an off-duty occupation without permission on November 4, 13 and 15, 1973; (3) reporting sick to his command 10 minutes after the start of his...

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