Opinion
Argued March 21, 1974
Decided May 15, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.
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.