Legal Opinion

Schenck v. Fire Council of the Sea Cliff Fire Department

New York Supreme Court

Decided June 29, 1962PublishedCited by 4 opinions

1Opinion of the CourtFrank A. G-ulotta, J.

This is an article 78 (Civ. Prac. Act) proceeding by a member of a volunteer fire department to annul a determination made by respondent Fire Council, that he be suspended for 60 days, for conduct unbecoming a fireman.

The papers leave the court in the dark as to the event at which or the facts and circumstances under which the incident took place giving rise to the suspension. Petitioner states that it had nothing to do with fireman duties or the business of the fire company and that neither he nor his accuser, Paul Weber, was in uniform or on duty at the time. While this is denied,…

2Cases cited1 opinion

  1. Matter of Marks v. GombertNew York Court of Appeals · 1929

3Cited by4 opinions

  1. Hunt v. Board of Fire CommissionersNew York Supreme Court · 1971
  2. Lotten v. Board of Fire CommissionersAppellate Division of the Supreme Court of the State of New York · 1999
  3. Thompson v. Board of Fire CommissionersNew York Supreme Court · 1970
  4. Bruckner v. Carle Place Hook, Ladder & Hose Co. No. 1, Inc.Appellate Division of the Supreme Court of the State of New York · 1977

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API