McDermott v. Murphy
| Decision Date | 01 November 1962 |
| Citation | 234 N.Y.S.2d 723,12 N.Y.2d 780 |
| Parties | , 186 N.E.2d 570 Application of James P. McDERMOTT, Appellant, For an Order, etc., v. Michael J. MURPHY, as Commissioner of the Police Department of the City of New York, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 15 A.D.2d 479, 222 N.Y.S.2d 111.
The petitioner, who had been dismissed from police force by the police commissioner of the City of New York, brought a proceeding under the Civil Practice Act, § 1283 et seq., to annul the police commissioner's determination. An order was entered annulling the determination and remanding the matter to the police commissioner for a reconsideration of the punishment imposed, and the police commissioner appealed.
The Appellate Division reversed the order on the law and the facts, dismissed the petition, and held that court had no power to annul the determination of the police commissioner where, in the light of all circumstances, the dismissal was not shocking to sense of fairness. McNally, J., dissented.
The petitioner appealed to the Court of Appeals.
Joseph Chase, New York City (Arthur Elfenbein and Dennis J. Kenny, New York City, of counsel), for appellant.
Leo A. Larkin, New York City (Seymour B. Quel and Robert L. Ellis, New York City, of counsel), for respondent.
Order affirmed, without costs.
All concur.
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Pell v. Board of Ed. of Union Free School Dist. No. 1 of Towns of Scarsdale and Mamaroneck, Westchester County
...as to be shocking to one's sense of fairness'.' (Matter of McDermott v. Murphy, 15 A.D.2d 479, 222 N.Y.S.2d 111, affd. 12 N.Y.2d 780, 234 N.Y.S.2d 723, 186 N.E.2d 570; Matter of Stolz v. Board of Regents, 4 A.D.2d 361, 165 N.Y.S.2d 179, Finally, in Matter of Bovino v. Scott (22 N.Y.2d 214, ......
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Ernst v. Saratoga County
...233, 356 N.Y.S.2d 833, 313 N.E.2d 321, quoting Matter of McDermott v. Murphy, 15 A.D.2d 479, 222 N.Y.S.2d 111, affd. 12 N.Y.2d 780, 234 N.Y.S.2d 723, 186 N.E.2d 570; see, Matter of Goldsmith v. De Buono, 245 A.D.2d 627, ----, 665 N.Y.S.2d 727, 732). A sanction that is "shocking to one's sen......
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Smith v. Tuckahoe Hous. Auth.
...222, 233, 356 N.Y.S.2d 833, 313 N.E.2d 321, quoting Matter of McDermott v. Murphy, 15 A.D.2d 479, 222 N.Y.S.2d 111,affd.12 N.Y.2d 780, 234 N.Y.S.2d 723, 186 N.E.2d 570;see Matter of Kreisler v. New York City Tr. Auth., 2 N.Y.3d 775, 776, 780 N.Y.S.2d 302, 812 N.E.2d 1250). “A result is shoc......
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Magro v. Ambach
...of N.Y., 4 A.D.2d 361, 364, 165 N.Y.S.2d 179; see, Matter of McDermott v. Murphy, 15 A.D.2d 479, 222 N.Y.S.2d 111, affd. 12 N.Y.2d 780, 234 N.Y.S.2d 723, 186 N.E.2d 570). Practicing without a license has been held to constitute severe misconduct (see, Matter of Falcone v. New York State Edu......