Appellate Division of the Supreme Court of New York, 1944

Krause v. Valentine

Krause v. Valentine
Appellate Division of the Supreme Court of New York · Decided June 19, 1944
268 A.D. 788; 48 N.Y.S.2d 901; 1944 N.Y. App. Div. LEXIS 3483
Krause v. Valentine

Opinion of the Court

— In a proceeding under article 78 of the Civil Practice Act to review the determination of the Police Commissioner of the City of New York in dismissing petitioner from the position of patrolman in the Police Department of said city, after hearings on charges, determination unanimously confirmed, without costs. Quite apart from the charges of leaving his post and being found in a barroom on three different occasions within two months, petitioner’s conceded and flagrant insubordination in refusing to return to his post when ordered to do so by two of his superiors not only justified but required his dismissal from the force. Present — Close, P. J., Johnston, Adel, Lewis and Aldrich, JJ.

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