Legal Opinion

McDermott v. Murphy

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

Decided December 19, 1961PublishedCited by 20 opinions

1Opinion of the Court

From our examination of the whole record, we do not view petitioner’s dismissal, in the light of all the circumstances, as shocking to our sense of fairness; and conclude that the Police Commissioner’s exercise of discretion should not be disturbed. Concur — Botein, P. J., Breitel, Valente and Steuer, JJ.; McNally, J., dissents and votes to affirm on the ground that the punishment in the circumstances was excessive.

2Cited by20 opinions

  1. Ernst v. Saratoga CountyAppellate Division of the Supreme Court of the State of New York · 1998
  2. Carangelo v. AmbachAppellate Division of the Supreme Court of the State of New York · 1987
  3. Zito v. New York State Racing & Wagering BoardAppellate Division of the Supreme Court of the State of New York · 2002
  4. City Council of Watertown v. CarboneAppellate Division of the Supreme Court of the State of New York · 1976
  5. Sierra v. McGuireAppellate Division of the Supreme Court of the State of New York · 1983

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