Anemone v. Kross

Plaintiff moves for a temporary injunction restraining the defendant from enforcing the order of February 3,1960 and from proceeding with disciplinary charges against the plaintiff based upon disobedience of that order. The defendant cross-moves for dismissal of the complaint for legal insufficiency.

It is alleged in the complaint that the plaintiff is a duly appointed correction officer and is accordingly a peace officer pursuant to section 154 of the Code of Criminal Procedure, and *187pursuant to paragraph (b) of subdivision 13 of section 1897 of the Penal Law is not required to have a license…