« PreviousContinue »
Report of Dr. Samuel E. Soltz, Annexed to
is an agressive type of individual, with strong principles, strong rigid attitudes, and with some buoyancy in the emotional field. He is self-willed, and self-confident, and possesses minor obsessive trends. He is certainly far from being a cold and calculating individual, and he admits that he worries, and is quite concerned over the welfare of his children, as well as his wife. The world is best with many problems and difficulties, and he is certainly an individual who can face them, and would stand any rigors, stress, or strain concerned with them. He is quite an intellectual individual, with strong capacities and capabilities, and with strong sociable affable reactions. He is an agreeable and friendly individual, and readily admits to mistakes in his own difficulties, and presents the usual critical attitude of a normal individual. There is no pathological personality disorder sufficient enough to warrant any form of treatment at this time. It is my opinion at this time that because of his great capabilities and intellect, and fairly stable social background, that he should be given his opportunity to continue as a member of the Police Academy.
S. E. Soltz,
Affidavit of John A. Esposito, Read in
Support of Motion.
JOHN A. ESPOSITO, being duly sworn, deposes and says:
That he is the attorney for the petitioner in the above captioned matter.
That subsequent to receiving respondents' answer and affidavits in the above captioned proceeding, deponent was permitted by the respondents’ attorney to examine the Municipal Civil Service Commission and Police Department's file of Mr. Murphy, the petitioner herein. That deponent made a cursory examination of the file.
That upon examination of the file, the court will ascertain that the investigation conducted of the petitioner herein was completely satisfactory, and that there are no grounds or causes for the disqualification of petitioner other than those based upon the medical reports received by the Commission.
Deponent has informed and questioned the petitioner concerning these medical reports and the petitioner has denied same as is more fully pointed out in petitioner's affidavit.
WHEREFORE, deponent respectfully requests the court to issue an order granting the relief requested herein. (Sworn to by John A. Esposito on July 16, 1954.)
Stipulation as to Exhibits.
NEW YORK SUPREME COURT
APPELLATE DIVISION-FIRST DEPARTMENT
IT IS HEREBY STIPULATED by and between the attorneys for the respective parties, subject to the approval of the Court, that the following exhibits need not be printed or reproduced in this case on appeal but will be handed up to the Court upon the argument of the appeal and may be referred to in the briefs and upon the argumen , with the same force and effect as though printed in full:
The exhibit referred to as the Corporation Counsel's file, item #14 on the short form order of Hon. Samuel M. Gold, dated July 20, 1954, consists of the investigation files of both the Police Department and Municipal Civil Service Commission together with the medical examinations of the respondents' doctors.
Dated: September 15, 1954.
JOHN A. ESPOSITO,
V. G. H. ADRIAN P. BURKE,
D. W. P.
Affidavit of No Other Opinion.
STATE OF NEW YORK
JOHN A. ESPOSITO, being duly sworn, deposes and says that he is the attorney for the petitioner herein, and is familiar with the facts and proceedings herein, that no opinion was rendered by the Court below other than that which appears in the order appealed from and which is printed on pages 5-6 herein.
JOHN A. ESPOSITO.
Sworn to before me this
29 day of October, 1954.
JOSEPH A. MAURO
Stipulation Waiving Certification.
Pursuant to Section 170 of the Civil Practice Act, it is hereby stipulated that the papers as hereinbefore printed, consist of true and correct copies of the notice of appeal, the order appealed from, and all the papers upon which the Court below acted in making the order appealed from, and the whole thereof, now on file in the office of the Clerk of New York County.
Certification thereof, in pursuance of Section 616 is hereby waived.
Dated, October 29, 1954.
JOHN A. ESPOSITO,
ADRIAN P. BURKE,