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Bernardini v. Port of New York Authority

34 N.Y.2d 750 Court N.Y. Decision date 1974-05-15 English

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p. 750
In the Matter of Allan Bernardini, Appellant, v. Port of New York Authority, Respondent.
Argued March 21, 1974;
decided May 15, 1974.
p. 752
A. Bernard King for appellant.
Herbert Ouida and Patrick J. Falvey for respondent.

■ Order affirmed, with costs. (See Matter of Pell v. Board of Educ., 34 N Y 2d 222 , especially discussion in Matter of Muldoon v. Mayor of Syracuse [at pp. 236-237].) It is also noted that petitioner in this case was offered, in lieu of his last position," employment involving less of a public risk than that associated with the status of peace officer entitled to bear arms.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Rabin. Taking no part: Judge Stevens.

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