New York Court of Appeals, 1964

Walker v. Murphy

New York Court of Appeals · Decided December 3, 1964

15 N.Y.2d 650; 204 N.E.2d 201; 255 N.Y.S.2d 869; 1964 N.Y. LEXIS 795

Cases that cite this one

1 later published case cites this decision.

Sherman v. Board of Education of the Hendrick Hudson Central School District (New York Supreme Court 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

There is substantial evidence to support the Commissioner’s determination that the petitioner was guilty of the charges filed against him. As to the petitioner’s ‘ ‘ punishment ”, it is sufficient to say that, although CPLR 7803, subdivision 3 (formerly Civ. Prac. Act, § 1296, subd. 5-a), vests this court with power to review the measure of discipline imposed (see, e.g., Matter of Payton v. New York City Tr. Auth., 8 N Y 2d 737; Matter of Berman v. Morris, 14 N Y 2d 849), we find no basis or ground in the record for interfering with the Commissioner’s decision dismissing the petitioner from the police department.

The order appealed from should be affirmed, without costs.

Chief Judge Desmond and Judges Dye, Fuld, Vaw Voorhis, Burke, Scileppi and Bergan concur.

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.