
    In the Matter of John H. Donohue, Appellant, v. New York State Police, Respondent.
    Argued. April 18, 1967;
    decided May 31, 1967.
    
      
      William Goffen for appellant.
    
      Louis J. Lefkowitz, Attorney-General (Robert W. Imrie, Ruth Kessler Toch and Herbert H. Smith of counsel), for respondent.
    
      John H. McCaddim for Police Benevolent Association of the New York State Police, Inc., amicus curiae.
    
    
      Arthur J. Harvey for Police Conference of New York, Inc., amicus curiae.
    
   Order reversed upon the ground that the penalty imposed upon appellant is excessive as a matter of law (CPLR 7803, subd. 3; see Matter of Bell v. Waterfront Comm., 20 N Y 2d 54 [also decided today]; Matter of Walker v. Murphy, 15 N Y 2d 650, 651). His discharge is annulled and the proceeding remanded to respondent on the dissenting opinion at the Appellate Division for a determination in accordance therewith (25 AD 2d908).

Concur: Chief Judge Fuld and Judges Van Voobhis, Burke, Bergan, Keating and Breitel. Judge Soileppi dissents and votes to affirm upon the opinion at the Appellate Division.  