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MATTER CLIFFORD A. BROWN (10/28/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


October 28, 1968

IN THE MATTER OF CLIFFORD A. BROWN, PROBATION OFFICER, PROBATION DEPARTMENT OF WESTCHESTER COUNTY

Beldock, P. J., Christ, Rabin, Benjamin and Martuscello, JJ., concur.

In our opinion, respondent's conduct and attitudes, as reflected in such conduct, bear directly upon his ability and capacity to function effectively as a probation officer and might, ordinarily, constitute sufficient cause for his removal. However, in view of the fact that respondent is married, has five children, has a fine war record, and his services as a probation officer prior to the incidents here involved were satisfactory, we believe that a suspension without pay is, under all the circumstances, adequate punishment. In this connection, since we are not acting herein in our appellate capacity as a reviewing court but exercising original jurisdiction in the nature of an administrative agency, we consider ourselves limited by rule 32 of the Rules of the Administrative Board to impose a suspension of no more than two months without pay in addition to the 30 days for which respondent has been suspended pending the hearing and determination of the charges. But for this limitation, we would be inclined to suspend respondent without pay for a greater period which we deem warranted by his misconduct. We are, therefore, constrained to impose a penalty of "suspension without pay for a period not exceeding two months" in addition to the prior 30-day suspension. In so doing, however, we admonish respondent that if in the future he should persist in conduct of the nature involved in these charges, it may result in his dismissal from service. We have considered each of the legal arguments presented by respondent and find them to be without merit. Accordingly, respondent is suspended from his position for a period of two months without pay, commencing October 28, 1968.

19681028

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