MTR. OF SEDITA v. KISSINGER


66 A.D.2d 357 (1979)

In the Matter of Charles Sedita, Petitioner, v. C. Samuel Kissinger, as City Manager of The City of New Rochelle, et al., Respondents

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

February 5, 1979


Attorney(s) appearing for the Case

Hartman & Lerner (Reynold A. Mauro of counsel), for petitioner.

Maxwell E. Charat (John M. Bopp of counsel), for respondents.

SHAPIRO and MARTUSCELLO, JJ., concur with O'CONNOR, J.; TITONE, J. P., dissents.


O'CONNOR, J.

In the long ago, Gilbert & Sullivan properly put to music the sad lament: "Ah, take one consideration with another — A policeman's lot is not a happy one!"1

To confirm the challenged determination would, by any standard, not only make that lot more unhappy but would do violence to both logic and law.

What does the record show? In the fall of...

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