Gunning v. Codd
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Birns, J.
We agree with the facts as set forth in the dissenting opinion of Justice Sandler. We conclude, however, that Special Term properly denied petitioner’s application to vacate respondents’ determination denying him a pension.
It is not disputed that on April 27, 1977, prior to the date petitioner filed for retirement, he was found guilty by a jury verdict of bribe receiving in the second degree, a class D felony, and official misconduct, a class A misdemeanor. Section 30 of the Public Officers Law, originally enacted in the late 19th century, provides that every…
2Cases cited4 opinions
- Rapp v. New York City Employees' Retirement SystemNew York Court of Appeals · 1977
- Keogh v. WagnerNew York Court of Appeals · 1964
- Keogh v. WagnerAppellate Division of the Supreme Court of the State of New York · 1964
- Thaler v. StateNew York Court of Claims · 1974
3Cited by8 opinions
- Gunning v. CoddNew York Court of Appeals · 1980
- County of Broome v. ConteNew York Supreme Court · 1983
- Briggins v. McGuireNew York Supreme Court · 1983
- Farry v. WardAppellate Division of the Supreme Court of the State of New York · 1987
- State v. SnedecorCourt of Appeals of Kansas · 1984
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