General

In the Matter of Anthony Orza, Petitioner, v. Eugene R. Kelley, as Commissioner of Police of the County of Suffolk, et al., Respondents

56 A.D.2d 847·New York Supreme Court, Appellate Division·1977·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

In the Matter of Anthony Orza, Petitioner, v Eugene R. Kelley, as Commissioner of Police of the County of Suffolk, et al., Respondents. [MAJORITY] Proceeding pursuant to CPLR article 78 to review a determination of the respondent police commissioner, dated August 20, 1976, which reaffirmed the punishment of dismissal previously imposed (see Matter of Orza v Kelley, 53 AD2d 671). Determination confirmed and proceeding dismissed on the merits, without costs or disbursements. Dismissal of petitioner from service was not so disproportionate to his offenses as to be shocking to one’s sense of fairness (see Matter of Pell v Board of Educ., 34 NY2d 222). Hopkins, Acting P. J., Cohalan, Damiani and Hawkins, JJ., concur.