Legal Opinion
Duffy v. Ward
New York Court of Appeals
Decided March 30, 1993PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
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 is convicted of a felony or "a crime involving a violation of his oath of *130office”. By its terms, section 30 (1) (e) applies to any felony conviction (Matter of Graham…
2Cases cited13 opinions
- People v. BaschNew York Court of Appeals · 1975
- World Exchange Bank v. Commercial Casualty InsuranceNew York Court of Appeals · 1930
- Matter of ObergfellNew York Court of Appeals · 1924
- De Paulo v. City of AlbanyNew York Court of Appeals · 1980
- Briggins v. McGuireNew York Court of Appeals · 1986
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Brown v. City of SyracuseCourt of Appeals for the Second Circuit · 2012
- MATTER OF FOLEY v. BrattonNew York Court of Appeals · 1999
- Beard v. Town of NewburghAppellate Division of the Supreme Court of the State of New York · 1999
- Steed v. Shapiro (In Re Shapiro)United States Bankruptcy Court, E.D. New York · 1995
- Bowman v. KerikAppellate Division of the Supreme Court of the State of New York · 2000
24 more not listed; retrieve them via the Exa API.