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MATTER JOHN H. DONOHUE v. NEW YORK STATE POLICE (11/21/68)

decided: November 21, 1968.

IN THE MATTER OF JOHN H. DONOHUE, APPELLANT,
v.
NEW YORK STATE POLICE, RESPONDENT



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.]

Disposition

Motion to amend remittitur granted.

19681121

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