Matter of Boris v. Murphy

Full title: In the Matter of SOLOMON BORIS, Petitioner, v. MICHAEL J. MURPHY, as…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1965

24 A.D.2d 437 (N.Y. App. Div. 1965)

Opinion

June 24, 1965

Determination confirmed and the petition dismissed, with $30 costs and disbursements to respondent.

Concur — Rabin, J.P., Stevens and Steuer, JJ.; McNally and Staley, JJ., dissent in the following memorandum by Staley, J.:

I believe that the dismissal of petitioner and the forfeiture of his accrued pension rights constitute unreasonably harsh and excessive sanctions for the reasons stated in the dissenting opinion in Matter of Mansfield v. Murphy ( 21 A.D.2d 659). Accordingly, I vote to modify and recommend a period of suspension followed by retirement.