Scornavacca v. Leary

The orders of the Appellate Division should be reversed and the petitions dismissed in these article 78 proceedings.

Both of these petitioners are New York City patrolmen who were suspended without pay pending the determination of departmental charges. Petitioner Scornavacca was criminally charged with assault and suspended on August 30, 1968. The criminal charges were dismissed on January 22, 1969 and the disciplinary proceeding, commenced the following day, was adjourned to March, 1969. In October, 1969 petitioner was found guilty.

Petitioner Stein was indicted and suspended on February 25,…