Determination confirmed, with fifty dollars costs and disbursements. (See Matter of Miller v. Kling, 291 N. Y. 65 ; People ex rel. Guiney v. Valentine, 274 N. Y. 331 , 333; People ex rel. Hogan v. French et al., 119 N. Y. 493 , 496; People ex rel. Masterson v. French et al., 110 N. Y. 494 , 499; People ex rel. Brown v. Greene, 106 App. Div. 230 , 232, affd. 184 N. Y. 565 .) Martin, P. J., Townley and Glennon, JJ., concur; Untermyer, J., concurs in separate memorandum; Dore, J., dissents in opinion.
(concurring). Although I agree with Justice Dore that we may consider whether the determination is against the weight of the evidence under section 1296 of the Civil Practice Act, I am nevertheless of the opinion that the determination is not so clearly against the weight of the evidence as to justify overruling the conclusion of the Commissioner. Accordingly, I vote to confirm.
(dissenting). Upon the record in the case at bar there was a preponderance of proof against the finding of petitioner’s guilt (Civ. Prac. Act, § 1296, subds. 6, 7; People ex rel. Gilson v. Gibbons, 231 N. Y. 171 , 177; Matter of Weber v. Town of Cheektowaga, 284 N. Y. 377 , 380) ; and the determination of guilt on the second charge is inconsistent with acquittal of petitioner and the other officer on the extortion charge.
Accordingly, I dissent and vote to annul and grant a new trial.
Cases cited
- Miller v. Kling 291 N. Y. 65 p. 948
- People ex rel. Guiney v. Valentine 274 N. Y. 331 at 333 p. 948
- People ex rel. Hogan v. French 119 N. Y. 493 at 496 p. 948
- People ex rel. Masterson v. French 110 N. Y. 494 at 499 p. 948
- People ex rel. Gilson v. Gibbons 231 N. Y. 171 at 177 p. 948
- Weber v. Town of Cheektowaga 284 N. Y. 377 at 380 p. 948