Oliver v. Cawley — 38 N.Y.2d 973

Majority

p. 973

In the Matter of Daniel Oliver, Respondent, v Donald F. Cawley, as Police Commissioner of the City of New York, et al., Appellants.

Argued February 17, 1976;

decided March 25, 1976

p. 974

W. Bernard Richland, Corporation Counsel (Murray L. Lewis and L. Kevin Sheridan of counsel), for appellants.

Joseph W Allen for respondent.

Judgment reversed, without costs, and the determination of the commissioner reinstated on the dissenting memorandum by Mr. Justice Theodore R. Kupferman at the Appellate Division ( 47 AD2d 612 ).

p. 975

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.