Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

In the Matter of JOHN A. BAL, JR., Appellant, v. PATRICK V. MURPHY, as Police Commissioner of the City of New York, Respondent.

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 N.Y.2d 976; Matter of O'Connor v Frank, 38 N.Y.2d 963; Matter of Pell v Board of Educ., 34 N.Y.2d 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 A.D.2d 762, affd 41 N.Y.2d 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 N.Y. 331, 334; People ex rel. Masterson v French, 110 N.Y. 494, 499).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Judgment affirmed, without costs, in a memorandum.

Use AI to get other relevant cases.

Comments

MATTER OF BAL v. MURPHY
(Dec 14, 1977)