Duffy v. Ward

Kupferman, J. (dissenting).

I would affirm.

The issue which divides us is whether the actions of petitioner constituted a crime involving a violation of his oath of office within the meaning of Public Officers Law § 30 (1) (e).

To find that the "oath of office” is not so implicated will prevent summary dismissal, but it will not, as the IAS court made clear, prevent "any other disciplinary or removal proceedings”. (143 Mise 2d 851, 853.)

The oath of office for a police officer is no different than for any other public official. It reads, as follows: " T do solemnly swear (or affirm) that I will…