MATTER OF TOMLINSON v. WARD, 66 N.Y.2d 771 (1985)

488 N.E.2d 114, 497 N.Y.S.2d 368

In the Matter of LEOPOLD TOMLINSON, Appellant, v. BENJAMIN WARD, as Commissioner of the Department of Correction of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.Argued October 10, 1985
Decided November 12, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Stanley Ostrau, J.

Page 772

Raymond E. Kerno for appellant.

Page 773

Frederick A.O. Schwarz, Jr., Corporation Counsel (June A. Witterschein
of counsel), for respondents.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (110 A.D.2d 537). We add only that the extension of the probationary period, under the circumstances of this case, is not a penalty as contemplated by Judiciary Law § 519.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and TITONE. Taking no part: Judge SIMONS.

jdjungle