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Matter of DeVito v. Culross

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 747 (N.Y. App. Div. 1995)

Opinion

October 30, 1995


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

There was substantial evidence in the record to support the determination of the respondent finding the petitioner guilty of insubordination and related charges (see, CPLR 7803; Matter of Pell v. Board of Educ., 34 N.Y.2d 222; People ex rel. Vega v. Smith, 66 N.Y.2d 130).

A police force is a quasi-military organization demanding strict discipline (see, Matter of De Bois v. Rozzi, 114 A.D.2d 848). Despite the petitioner's many years of dedication to the City of Rye Police Department, his failure to obey a lawful order of a superior officer and showing of disrespect to said superior officer in front of subordinate officers and nonmembers of the police force cannot be sanctioned since such behavior poses a serious threat to the discipline and efficiency of the police force (see, Richichi v. Galligan, 136 A.D.2d 616). Bracken, J.P., Santucci, Joy and Friedmann, JJ., concur.


Summaries of

Matter of DeVito v. Culross

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 747 (N.Y. App. Div. 1995)
Case details for

Matter of DeVito v. Culross

Case Details

Full title:In the Matter of GEORGE DeVITO, Petitioner, v. FRANK J. CULROSS, Respondent

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

Date published: Oct 30, 1995

Citations

220 A.D.2d 747 (N.Y. App. Div. 1995)
633 N.Y.S.2d 76

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