[Download] "Matter John J. Sullivan v. John A. Wallace" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter John J. Sullivan v. John A. Wallace
- Author : Supreme Court of New York
- Release Date : January 26, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Determination unanimously annulled on the law and on the facts insofar as it relates to Specification No. 1, and the proceeding remanded for further consideration and determination, and the determination otherwise confirmed, without costs. A charge of misconduct and incompetency consisting of two specifications were served upon petitioner May 10, 1963. Specification No. 2 charging that petitioner had failed to appear January 30, 1963 for an examination, as ordered, is supported by the evidence, and the finding thereon will not be disturbed. Specification No. 1 alleges ""That continuously and uninterruptedly from the third day of September 1958 to date you have not performed the duties incumbent upon a Probation Officer for the City of New York by reason of mental incapacity."" While that specification lacks definiteness and specificity, the objection thereto is more fundamental. Petitioner is charged with failure to perform when he was not afforded an opportunity to perform. In the early part of the period embraced in the specification petitioner was assigned to limited duties of handling the calendar in
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