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MATTER OF FORMOSO v. KENNEDY

5 N.Y.2d 830 (1958)

In the Matter of Manuel Formoso, Appellant, v. Stephen P. Kennedy, as Commissioner of Police of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 13, 1958.

Attorney(s) appearing for the Case

Charles Haydon for appellant.

Charles H. Tenney, Corporation Counsel (Leon A. Fischel and Seymour B. Quel of counsel), for respondent.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.

Order affirmed, without costs. We agree with the Appellate Division that petitioner was separated from service, that is, "dropped from the rolls" of the Police Department, solely because of his resignation. It was, as the Appellate Division noted, petitioner's right not to resign and to compel a trial of any pending charges. If, as he claims, he was fraudulently induced to resign, he may apply to respondent Police Commissioner to withdraw his resignation and on such an application...

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