MATTER OF BAL v. Murphy
Cases that cite this one
32 later published cases cite this decision. The 25 that cite it most often are listed here.
- Waterhouse v. Hastings (Appellate Division of the Supreme Court of New York 1980)
- Matter of Rigaud v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Massaria v. Betschen (Appellate Division of the Supreme Court of New York 2002)
- Kelly v. Safir (N.Y. 2001)
- Shaya-Castro v. New York City Police Department (Appellate Division of the Supreme Court of New York 1996)
- Scott v. Wetzler (Appellate Division of the Supreme Court of New York 1993)
- Coyle v. Rozzi (Appellate Division of the Supreme Court of New York 1993)
- Copelin v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 1992)
- Stabner v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 1990)
- Trotman v. Ward (Appellate Division of the Supreme Court of New York 1989)
- Williams v. Dooley (Appellate Division of the Supreme Court of New York 1989)
- McAvoy v. Ward (Appellate Division of the Supreme Court of New York 1988)
- Robert J. McRell Associates, Inc. v. Insurance Co. of North America (District Court, S.D. New York 1987)
- Smith v. Tomlinson (Appellate Division of the Supreme Court of New York 1985)
- Caruso v. Ward (Appellate Division of the Supreme Court of New York 1985)
- De Bois v. Rozzi (Appellate Division of the Supreme Court of New York 1985)
- Bigelow v. Board of Trustees of Gouverneur (N.Y. 1984)
- Brady v. Connelie (Appellate Division of the Supreme Court of New York 1984)
- Ustin v. City of White Plains (Appellate Division of the Supreme Court of New York 1984)
- Difate v. City Manager of Yonkers (Appellate Division of the Supreme Court of New York 1984)
- Messura v. Hart (Appellate Division of the Supreme Court of New York 1982)
- Lee v. Board of Education of Pelham Union Free School District (Appellate Division of the Supreme Court of New York 1982)
- Keogh v. Dolce (Appellate Division of the Supreme Court of New York 1981)
- Barnes v. City of Albany (Appellate Division of the Supreme Court of New York 1981)
- Leake v. Connelie (Appellate Division of the Supreme Court of New York 1980)
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
OPINION OF THE COURT
Memorandum.
Judgment affirmed.
The commissioner’s determination is supported by substantial evidence and the sanction imposed is not so disproportionate as to warrant judicial correction (Matter of Alfieri v Murphy, 38 NY2d 976; Matter of O’Connor v Frank, 38 NY2d 963; Matter of Pell v Board of Educ., 34 NY2d 222).
Though petitioner’s record includes some commendations, it also reveals a pattern of repeated violations of police regulations for which he previously had been disciplined and which, along with the present ones, could be found to manifest either an unwillingness to obey orders or otherwise adapt to the disciplines required of a police officer. The commissioner had a right to take these in account in his disposition (Matter of Slominski v Codd, 52 AD2d 762, affd 41 NY2d 1086). Moreover, while, as the commissioner himself noted, none of the infractions involved lack of integrity, it was within the commissioner’s province to premise his findings on the "requirements [for] order, authority, and discipline” which he decided petitioner had failed to meet (see People ex rel. Guiney v Valentine, 274 NY 331, 334; People ex rel. Masterson v French, 110 NY 494, 499).
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Judgment affirmed, without costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.