Legal Opinion · Dissent

Geberth v. Augustine

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 1988Published

1Dissent

Balletta, J.,

dissents and votes to annul the determinations and dismiss the charges with the following memorandum. A review of the entire proceeding leads me to the inescapable conclusion that the officers were deprived of a fair hearing. Accordingly, I dissent, and vote to annul the administrative determinations appealed from.

Although the charges against the three police officers may have been supported by substantial evidence, the administrative determinations should nevertheless be annulled as the procedures employed and the numerous improprieties committed all served to deny the officers…

2Cases cited5 opinions

  1. Simpson v. WolanskyNew York Court of Appeals · 1975
  2. Taub v. PirnieNew York Court of Appeals · 1957
  3. Weekes v. O'ConnellNew York Court of Appeals · 1952
  4. Aiello v. TemperaAppellate Division of the Supreme Court of the State of New York · 1978
  5. Avery v. RechterAppellate Division of the Supreme Court of the State of New York · 1977

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