Donohue v. New York State Police
| Decision Date | 31 May 1967 |
| Citation | 19 N.Y.2d 954,281 N.Y.S.2d 357 |
| Parties | , 228 N.E.2d 409 Application of John H. DONOHUE, Appellant, for an Order, etc. v. NEW YORK STATE POLICE, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 25 A.D.2d 908, 269 N.Y.S.2d 855.
Dismissed police officer commenced a proceeding under CPLR article 78 to annul a determination of the Superintendent of State Police dismissing policeman from his position as a State Trooper on ground of failing to obey a lawful command or order issued orally by a commissioned officer in violation of Regulations of New York State Police. The specifications of charge recited that petitioner refused to obey lawful command of troop commander to identify three troopers who petitioner alleged had been called into troop headquarters and questioned concerning his personal and official conduct and that petitioner failed to obey a lawful command of troop commander to identify commissioned officer who petitioner alleged had checked him four times on one night and two times on following night, and that such refusals hindered and impeded investigation of allegations which had been made by petitioner and tended to bring discredit upon Division of State Police.
The Appellate Division, by a divided court, confirmed the determination and the petitioner appealed.
Order reversed upon the ground that the penalty imposed upon appellant is excessive as a matter of law (CPLR 7803, subd. 3; see Matter of Bell v. Waterfront Commission, 20 N.Y.2d 54, 281 N.Y.S.2d 753, 228 N.E.2d 758 (also decided today); Matter of Walker v. Murphy, 15 N.Y.2d 650, 651, 225 N.Y.S.2d 869, 204 N.E.2d 201). His discharge is annulled and the proceeding remanded to respondent on the dissenting opinion at the Appellate Division for a determination in accordance therewith (25 A.D.2d 908, 269 N.Y.S.2d 855).
All concur except SCILEPPI, J., who dissents and votes for affirmance upon the opinion at the Appellate Division.
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