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Lemmond v. Kennedy

26 Misc. 2d 267 Court Supreme Court, Special Term, New York County, Decision date 1960-12-12 English

Delivered by Arthur Markewich, J.

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p. 267
In the Matter of James N. Lemmond, Petitioner, v. Stephen P. Kennedy, as Police Commissioner of the City of New York, et al., Respondents.
Supreme Court, Special Term, New York County,
December 12, 1960.
Eugene B. Canudo for petitioner. Charles H. Tenney, Corporation Counsel, for respondents.

Petition (Civ. Prac. Act, art. 78) to review the determination of respondent Police Commissioner is dismissed. Petitioner pleaded guilty to the departmental

p. 268
charges and contends the punishment of dismissal to have heen more severe than the “ moonlighting ” charge warranted. But more was involved; it appears that part of the outside work was done during sick leave when, says the Police Surgeon, petitioner was under orders to stay home. The Commissioner was here presented with cause to exercise his powers, and this court may not interfere with his determination.