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MATTER OF KELLY v. MONAGHAN

208 Misc. 31 (1955)

In the Matter of James M. Kelly, Petitioner, v. George P. Monaghan, as Police Commissioner of The City of New York, Respondent. In the Matter of Charles W. Ott, Petitioner, v. George P. Monaghan, as Police Commissioner of The City of New York, Respondent.

Supreme Court, Special Term, New York County.

April 20, 1955.

Attorney(s) appearing for the Case

Edward J. McCann for James M. Kelly, petitioner.

Milton I. Weintraub for Charles W. Ott, petitioner.

Adrian P. Burke, Corporation Counsel (Seymour B. Quel and Henry J. Shields of counsel), for respondent.

MATTHEW M. LEVY, J.

In April, 1952, the police commissioner of the City of New York, after a hearing before one of his deputies, dismissed the petitioner from the position of patrolman in the police department. By notice of motion returnable in August, 1952, the petitioner instituted this proceeding under article 78 of the Civil Practice Act, in which he sought an order annulling the determination of the commissioner...

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