Legal Opinion

Mistretta v. Kane

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

Decided June 8, 1998PublishedCited by 3 opinions

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of Police of the Nassau County Police Department, dated July 3, 1997, which, after a hearing, found that the petitioner was guilty of three of five charges and specifications and suspended him from the position of Police Officer, without pay, for a period of one year.

Adjudged that the determination is confirmed, and the proceeding is dismissed on the merits, with costs.

It is well settled that in a CPLR article 78 proceeding to review the determination of an administrative board or officer, the…

2Cases cited3 opinions

  1. Berenhaus v. WardNew York Court of Appeals · 1987
  2. City of New York v. State Division of Human RightsNew York Court of Appeals · 1987
  3. DiCairano v. GandolfoAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by3 opinions

  1. Broich v. Village of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2010
  2. Egan v. Von EssenAppellate Division of the Supreme Court of the State of New York · 1999
  3. Carcaramo v. County of DutchessAppellate Division of the Supreme Court of the State of New York · 2000

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