Napolitano v. Kennedy

In this article 78 proceeding, petitioner, a policeman, seeks an order directing the Police Commissioner to authorize payment to him of his salary for the period of March 29, 1954 through December 14, 1954. The respondent alleges that petitioner was suspended without pay on March 29, 1954 for shooting a man while investigating a crime which he had not officially reported as required by departmental regulations.

The suspension came hard upon the indictment of the petitioner for homicide. Admittedly, the charges and specifications upon which he was later tried by the commissioner were not served…