Murphy v. Murphy

We are asked to uphold a challenge to the legality of a penalty of loss of salary imposed by the Police Commissioner of the City of New York in a disciplinary proceeding.

Respondent was found guilty after a departmental hearing of a violation of the Rules and Procedures of the New York City Police Department. As punishment the Police Commissioner directed that he be fined "90 days pay and * * * be relieved of duty for that period of time”. On review in this article 78 proceeding the Appellate Division confirmed the finding of guilt but modified the punishment to a fine of 30 days with relief…