DE PAULO v. CITY OF ALBANY


49 N.Y.2d 994 (1980)

Peter J. De Paulo et al., Respondents, v. City of Albany et al., Appellants.

Court of Appeals of the State of New York.

Decided April 29, 1980.


Attorney(s) appearing for the Case

John E. Roe, Corporation Counsel (Francis Bergan of counsel), for appellants.

Brian J. O'Donnell for respondents.

Judges JONES, FUCHSBERG and MEYER concur in memorandum; Judge WACHTLER concurs in a concurring opinion in which Judges JASEN and GABRIELLI also concur; Chief Judge COOKE taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The arbitrator having found petitioner guilty of releasing an impounded car without authority and filing a false report, among other charges, also found in light of petitioner's prior good record as a police officer that dismissal was not warranted, and imposed a penalty of suspension without pay, the net effect of which was loss of salary...

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