La Forge v. Kennedy — 7 N.Y.2d 973

Majority

p. 973

In the Matter of Frank La Forge, Jr., Appellant, against Stephen P. Kennedy, as Police Commissioner of the City of New York, Respondent. In the Matter of John P. Ix, Appellant, against Stephen P. Kennedy, as Police Commissioner of the City of New York, Respondent.

Argued January 13,1960;

decided March 3, 1960.

p. 974

James H. Tully and John T. Redmond for appellants.

Charles H. Tenney, Corporation Counsel (Robert L. Ellis and Seymour B. Quel of counsel), for respondent.

Orders of Appellate Division reversed and determinations of respondent annulled upon the ground that this record lacks substantial evidence to support them. No opinion.

Concur: Judges Ftjld, Froessel, Van Voorhis, Burke and Foster. Chief Judge Desmond and Judge Dye dissent and vote to affirm.