Fisch v. Murphy
Opinion of the Court
Determination of respondent Police Commissioner, dated May 13,1971, dismissing petitioner from the Police Department, unanimously confirmed, without costs and without disbursements. Petitioner, on the last day of hearing of charges of misconduct leveled against him, April 12, 1971, applied for medical examination to establish existence of service-related injuries as the basis for disability retirement. The medical board, apparently by reason of the pending charges, improperly failed to arrange the examination, to which petitioner was entitled. (Administrative Code of City of New York, § B18-43.0.) By rule 22 of the rules governing the trustees of the pension fund, petitioner, had he received favorable rulings from both the medical board and board of trustees, could have been retired not less than 30 days after filing his application. On the thirty-first day, respondent confirmed the findings of the trial officer and dismissed petitioner. The record discloses substantial evidence of misconduct and respondent’s determination cannot be faulted, nor is the punishment disproportionate to the offense. As we have said, the medical board committed an impropriety in not affording petitioner the medical examination to which he was entitled; though under suspension, he was "still a patrolman when the application was made. (See
Case-law data current through December 31, 2025. Source: CourtListener bulk data.