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Matter of Keogh v. Dolce

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1981
84 A.D.2d 579 (N.Y. App. Div. 1981)

Opinion

October 26, 1981


Proceeding pursuant to CPLR article 78 to review a determination of the respondent, dated April 25, 1980 and made after a hearing dismissing petitioner from his position as a police officer of the City of White Plains. Determination confirmed and proceeding dismissed on the merits, with costs. The determination of the respondent as to petitioner's violation of the Rules, Regulations and Procedures of the Department of Public Safety, White Plains Police Bureau, is supported by substantial evidence (see Matter of Stork Rest. v. Boland, 282 N.Y. 256). Furthermore, the penalty imposed (termination of employment) was not so disproportionate to the offenses as to be shocking to one's sense of fairness (see Matter of Pell v. Board of Educ., 34 N.Y.2d 222). This is especially true in view of the fact that police departments are quasi-military organizations requiring strict discipline (see Matter of Bal v. Murphy, 55 A.D.2d 26, affd 43 N.Y.2d 762), and this was not the first time that disciplinary charges against the petitioner had been sustained (see Matter of Williams v. Police Dept. of City of N.Y., 50 N.Y.2d 956). Gulotta, J.P., Margett, Weinstein and Thompson, JJ., concur.


Summaries of

Matter of Keogh v. Dolce

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 1981
84 A.D.2d 579 (N.Y. App. Div. 1981)
Case details for

Matter of Keogh v. Dolce

Case Details

Full title:In the Matter of LAWRENCE J. KEOGH, Petitioner, v. JOHN M. DOLCE, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 26, 1981

Citations

84 A.D.2d 579 (N.Y. App. Div. 1981)

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