MATTER OF DONOHUE v. NEW YORK STATE POLICE

Order reversed upon the ground that the penalty imposed upon appellant is excessive as a matter of law (CPLR 7803, subd. 3; see Matter of Bell v. Waterfront Comm., 20 N.Y.2d 54 [also decided today]; Matter of Walker v. Murphy, 15 N.Y.2d 650, 651). His 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).

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, BERGAN, KEATING and BREITEL. Judge SCILEPPI dissents and votes to affirm upon the opinion at the Appellate Division.