Metz v. Kelly

Petitioner, a Nassau County Police Lieutenant, was dismissed from the force on October 24, 1961, after a hearing. An article 78 proceeding was thereafter instituted in this court and transferred to the Appellate Division pursuant to section 1296 of the Civil Practice Act. On February 11, 1963 that tribunal modified the determination of the Commissioner of Police by reducing the punishment to a three-month suspension which expired on January 24, 1962, and on April 3, 1963, the petitioner was reinstated only to be immediately suspended on other charges, which again resulted in his dismissal by…