Legal Opinion

Vano v. McGuire

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1979PublishedCited by 3 opinions

1Opinion of the Court

—In this CPLR article 78 proceeding transferred to this court pursuant to CPLR 7804 (subd [g]), the administrative determination of November 1, 1977 by the Police Commissioner, dismissing the petitioners from employment, is annulled, on the law, and the proceeding remanded to the respondent commissioner for consideration of the entire record, without costs. The Police Commissioner must have the entire record available for consideration before he can dismiss or otherwise discipline a police officer. (L 1940, ch 834 § 1; Matter of Wallace v Murphy, 21 NY2d 433; Matter of Kelly v Monaghan, 9…

2Cases cited2 opinions

  1. Wallace v. MurphyNew York Court of Appeals · 1968
  2. Kelly v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1959

3Cited by3 opinions

  1. Ligreci v. HonorsAppellate Division of the Supreme Court of the State of New York · 1990
  2. Fraccola v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1987
  3. Matter of Buffo v. New York State Dept. of Motor Vehs.Appellate Division of the Supreme Court of the State of New York · 2024

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