New York Court of Appeals, 1968

Donohue v. New York State Police

Donohue v. New York State Police
New York Court of Appeals · Decided November 21, 1968
23 N.Y.2d 705; 243 N.E.2d 754; 296 N.Y.S.2d 150; 1968 N.Y. LEXIS 1020

Donohue v. New York State Police

Opinion of the Court

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Order reversed upon the ground that the penalty imposed on appellant is excessive as a matter of law under the controlling statute (Civil Service Law, § 75, subd. 3). Appellant’s discharge is annulled and the proceeding remanded to respondent on the dissenting opinion at the Appellate Division for a determination in accordance therewith (25 A D 2d 908). [See 19 N Y 2d 954.]

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