Matter of Donohue v. New York State Police

Full title: In the Matter of JOHN H. DONOHUE, Appellant, v. NEW YORK STATE POLICE…

Court: Court of Appeals of the State of New York

Date published: Nov 21, 1968

23 N.Y.2d 705 (N.Y. 1968)

296 N.Y.S.2d 150

243 N.E.2d 754

Opinion

Submitted November 12, 1968

Decided November 21, 1968

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended to read as follows: Order reversed upon the ground that the penalty imposed on appellant is excessive as a matter of law under the controlling statute (Civil Service Law, § 75, subd. 3). Appellant's 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).