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Donohue v. New York State Police

23 N.Y.2d 705 Court N.Y. Decision date 1968-11-21 English

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p. 705
In the Matter of John H. Donohue, Appellant, v. New York State Police, Respondent.
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 ). [See 19 N Y 2d 954 .]

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