New York Court of Appeals, 1983

Spagnuolo v. McGuire

Spagnuolo v. McGuire
New York Court of Appeals · Decided July 5, 1983
59 N.Y.2d 981; 453 N.E.2d 1077; 466 N.Y.S.2d 660; 1983 N.Y. LEXIS 3261

Spagnuolo v. McGuire

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed, with costs.

The record contains substantial evidence, in the testimony by Sergeant Jacobsen and petitioner’s own admission at the disciplinary hearing, to support the finding by respondent commissioner that petitioner without just cause failed and neglected promptly to obey the order of his superior to bring the patrol car in which they were riding to a stop at the curb, continuing instead to drive the vehicle to the police statioñ. Nor is there merit to petitioner’s claim that the penalty of loss of four days’ pay and benefits and *983seven days’ vacation was excessive (Matter of Pell v Board of Educ., 34 NY2d 222).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), judgment affirmed, with costs, in memorandum.

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