MTR OF TANICO v. McGUIRE


80 A.D.2d 297 (1981)

In the Matter of John Tanico, Respondent, v. Robert McGuire, as Commissioner of the Police Department of The City of New York, Appellant In the Matter of Anthony Salvatore, Respondent, v. Robert McGuire, as Commissioner of the Police Department of The City of New York, Appellant

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

May 12, 1981


Attorney(s) appearing for the Case

Marjorie E. Bornes of counsel (Ronald E. Sternberg with her on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for appellant.

Victor J. Herwitz for respondents.

SANDLER, SULLIVAN and MARKEWICH, JJ., concur with FEIN, J.; KUPFERMAN, J. P., dissents and would affirm on the opinion of MERCORELLA, J., at Special Term.


FEIN, J.

The Commissioner of the Police Department of the City of New York (Commissioner) appeals from so much of an order and judgment, Supreme Court, New York County (MERCORELLA, J.), entered May 8, 1980, as enjoined him from requiring petitioners-respondents John Tanico and Anthony Salvatore (Tanico and Salvatore) to submit to interrogation pursuant to section 118-9 of the Police Department Patrol Guide....

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