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Affidavit of Dr. David Tillim.

This candidate has such a history of nervous disorder. Every report submitted and examined by your deponent and your affiant's own interview confirm his impression that the petitioner should not become a patrolman.

The following are extracts from the reports submitted:

Joan L. Bardach, Psychologist, Bellevue Hospital:

"The candidate must be considered a poor risk for the Police Department."

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Dr. Goodhart, Consulting Psychiatrist, Police Department of the City of New York:

“In my opinion the question of this man's ability to fulfill those elements (duties of the position) is open to serious doubts."

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Dr. Albert L. Deutsch, Psychiatrist, consulted by the petitioner of his own volition, states as follows:

“This patient is a tense, repressed, detached individual who sees all his problems on the superficial level. He externalized responsibility to others. He shows compliancy as a secondary trend, hating himself for it and building up an image of himself as a strong authoritarian figure. He is cold, calculating, takes pride in his intellect and logic. He is fearful lest the delicate balance of his neurotic trends and solution be upset. He is in need of psycho-analytic help to aid him to release the inner feelings and softness which is present. He has many assets which make him a good subject for psychoAffidavit of Dr. David Tillim.

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analysis. His marital problem are only an
expression of his inner conflict. The prog-
nosis for this patient is good.”

Walter J. Coville, Ph. D., Clinical Psychologist, St. Vincent's Hospital, in his report states:

“My evaluation of the problem also indicated the need for extensive psychotherapy and he was referred to the Adult Guidance Clinic of Catholic Charities, Brooklyn. A recent telephone conversation 80 with Mr. Murphy indicates that he did not follow up on this recommendation.”

The United States Public Health Service, upon examination of petitioner, was of the opinion that petitioner was a seriously disturbed borderline psychotic individual in need of psychiatric treatment.

Upon these findings and my own observations, it is my opinion that the petitioner is a poor risk and should not be qualified as a patrolman.

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(Sworn to by David M. Tillim on

June 14, 1954.)

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Reply.

SUPREME COURT OF THE STATE OF

NEW YORK,

COUNTY OF NEW YORK.

[S A ME TITLE]

The petitioner Andre E. Murphy as and for 83 his reply respectfully alleges:

1. Denies paragraph “Third” of respondents' answer and submits herewith as Petitioner's Exhibit II, a certified copy of petitioner's Honorable Discharge from the United States Navy on file in the office of the Clerk of Kings County in Liber 544, page 169.

2. Denies each and every allegation contained in paragraph “First” and “Fourteenth” of respondents' answer.

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3. Denies, upon information and belief, each and every allegation contained in paragraph “Eighth”, “Ninth”, “Twelfth” and “Thirteenth” of respondents' answer.

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FOR A FURTHER REPLY TO RESPONDENTS ANSWER AND AFFIDAVITS, PETITIONER RESPECTFULLY SUBMITS THE FOLLOWING AFFIDAVITS ALL BEING MADE PART

HEREOF:

The affidavit of Andre E. Murphy, duly sworn to the 15th day of July, 1954.

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The affidavit of Dr. Samuel E. Soltz, duly sworn to the 13th day of July, 1954.

The affidavit of John A. Esposito, duly sworn to the 16th day of July, 1954.

WHEREFORE, petitioner respectfully requests that an order be granted in favor of the petitioner for the relief set forth in his Notice of Motion herein, or in the alternative that this matter be set down for trial before the Court and a Jury pursuant to Section 1295 of the Civil Practice Act, and for such other and further relief as the Court may deem just and proper.

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JOHN A. ESPOSITO,
Attorney for Petitioner,

To:

ADRIAN P. BURKE, Esq.,

Corporation Counsel.

(Verified by Andre E. Murphy on July 15, 1954.)

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Petitioner's Exhibit II, Annexed to Reply.

(See opposite

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