Budd v. Valentine — 258 A.D. 1038

Majority

p. 1038

In the Matter of the Petition of Walter Budd, Petitioner, Pursuant to Article 78 of the Civil Practice Act, against Lewis J. Valentine, Police Commissioner of the City of New York, Respondent.

Determination confirmed, with fifty dollars costs and disbursements to the respondent. No opinion. Present—'Martin, P. J., O’Malley, Townley, Cohn and Callahan, JJ.; Martin, P. J., and Callahan, J., dissent and vote to annul the determination on the ground that the police commissioner exceeded his jurisdiction in imposing punishment after the expiration of one year.