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(DOWNLOAD) "Matter Henry Fischer v. James J. Kelly" by Supreme Court of New York * eBook PDF Kindle ePub Free

Matter Henry Fischer v. James J. Kelly

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eBook details

  • Title: Matter Henry Fischer v. James J. Kelly
  • Author : Supreme Court of New York
  • Release Date : January 13, 1964
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

The findings of fact are affirmed. Based upon our examination of the record and upon all the circumstances disclosed by the record, we do not view petitioner's dismissal as shocking to our sense of fairness (cf. Matter of Stolz v. Board of Regents, 4 A.D.2d 361, 364). The petitioner pleaded guilty to charges that he had knowingly filed a false summons for a traffic offense, and that he had procured other members of the police force to assist him in the preparation and verification of such false summons. In determining that dismissal was the proper measure of punishment for such misconduct, the Police Commissioner did not exceed the bounds of the discretion vested in him (People ex rel. Masterson v. French, 110 N. Y. 494, 499; People ex rel. Brown v. Greene, 106 App. Div. 230, 232, affd. 184 N. Y. 565). Disposition Order reversed on the law and in the exercise of discretion, without costs; petition dismissed, without costs and determination confirmed.


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