Fuoto v. McGuire

OPINION OF THE COURT

Martin Evans, J.

Petitioner, a former police officer, here petitions the court under CPLR article 78 for an order, in the nature of mandamus directing respondent police commissioner to process petitioner’s retirement application.

*133Petitioner was appointed a police officer on April 27, 1962. In 1972, he was indicted for the crimes of grand larceny in the third degree and official misconduct. The indictment arose out of petitioner’s conversion of $289 and a bank passbook, which were turned over to him as found property, for safekeeping and vouchering according to law. Although…