MATTER OF DUFFY v. WARD


81 N.Y.2d 127 (1993)

In the Matter of John Duffy, Appellant, v. Benjamin Ward, as Police Commissioner of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1993.


Attorney(s) appearing for the Case

Lysaght, Lysaght & Kramer, P. C., Lake Success (Raymond E. Kerno of counsel), for appellant.

O. Peter Sherwood, Corporation Counsel of New York City (Fay Ng and Elizabeth S. Natrella of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, HANCOCK, JR., and SMITH concur with Judge SIMONS; Judge BELLACOSA dissents and votes to affirm in a separate opinion.


SIMONS, J.

Petitioner, a New York City Police Officer, was found guilty of the misdemeanor of criminal trespass in the second degree after an off-duty scuffle with another man. Following the conviction, respondent Ward, the Police Commissioner, summarily terminated petitioner's employment pursuant to Public Officers Law § 30 (1) (e). That provision directs that a public office becomes vacant when the incumbent...

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