In the first above-entitled proceeding: Order affirmed, without costs, in the following memorandum: It is conceded that General Order No. 14 of the Police Commissioner is valid, and was promulgated under authority conferred on the Police Commissioner by the Charter as well as the Administrative Code of the City of New York. Each proposed local law would limit the broad powers of processing disciplinary matters conferred upon the Commissioner by the Charter and implemented by the Administrative Code. This would, therefore, affect the plenary power of discipline granted by section 434 of the New York City Charter. We need decide no other question.
Concur: Chief Judge DESMOND and Judges VAN VOORHIS, SCILEPPI, KEATING and HUGHES. Judges HILLfn_ and GORMANfn_ dissent and vote to reverse upon the dissenting opinion at the Appellate Division.
Designated pursuant to section 2 of article VI of the State Constitution in the temporary absence of Judges FULD, BURKE and BERGAN.
In the second above-entitled proceeding: Order affirmed, without costs, upon the authority of Matter of Cassese v. Katz, decided herewith. Question certified answered in the affirmative.
Concur: Chief Judge DESMOND and Judges VAN VOORHIS, SCILEPPI, KEATING and HUGHESfn_. Judges HILLfn_ and GORMANfn_ dissent and vote to reverse upon the dissenting opinion at the Appellate Division.