Kaminsky v. Leary

Order entered November 3, 1967 “ directing a trial to determine whether or not the police commissioner acted in the proper exercise of his discretion or capriciously and arbitrarily” reversed, on the law, without costs or disbursements, and the petition dismissed.. (Matter of Sheridan v. Broderick, 27 A D 2d 652; Matter of Milo v. Murphy, 22 A D 2d 1016; Matter of Delicati v. Schechter, 3 A D 2d 19.) The Police Commissioner did not state a reason for failing to appoint petitioner as a probationary patrolman after his name had been certified on three occasions. The mere ■ allegation that…