Legal Opinion

Gould v. Looney

New York Supreme Court

Decided October 9, 1969PublishedCited by 7 opinions

1Opinion of the CourtBertram Harnett, J.

Can the Police Commissioner of Nassau County, without a prior hearing suspend a policeman without pay?

This central question of the instant article 78 CPLR proceeding invokes important questions of procedural due process, the balancing of public and private rights, and plain old-fashion statutory construction.

In the circumstances of this case, the court holds that the Nassau County Police Commissioner may suspend the policeman without a hearing, but he may not withhold his pay until after a hearing and determination.

Monroe Gould, a Nassau County policeman for 16 years, was arrested on July 28,…

2Cases cited19 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  3. Greene v. McElroySupreme Court of the United States · 1959
  4. Gardner v. BroderickSupreme Court of the United States · 1968
  5. Willner v. Committee on Character and Fitness, Appellate Div. of Supreme Court of NY, First Judicial Dept.Supreme Court of the United States · 1963

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3Cited by7 opinions

  1. Sinicropi v. BennettAppellate Division of the Supreme Court of the State of New York · 1983
  2. Rothschild v. State of New YorkDistrict Court, S.D. New York · 1975
  3. Foran v. MurphyNew York Supreme Court · 1973
  4. Gould v. LooneyAppellate Division of the Supreme Court of the State of New York · 1970
  5. Blake v. North Shore Multiple Listing Service, Inc.New York Supreme Court · 1975

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