Matter of Albano v. Hammond
New York Court of Appeals
Since the charges against the petitioner were adequate on their face and the procedure prescribed by law for the removal of the petitioner was followed by the defendant, the Appellate Division was without power to review the sufficiency of the evidence or the severity of the punishment prescribed by the defendant. {People ex rél. Kennedy v. Brady, 166 N. Y. 44; Matter of Brandt v. Cheshire, 239 App. Div. 845; Matter of Rosengarten v. Knapp, 236 App. Div. 743; People ex rel.
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Since the charges against the petitioner were adequate on their face and the procedure prescribed by law for the removal of the petitioner was followed by the defendant, the Appellate Division was without power to review the sufficiency of the evidence or the severity of the punishment prescribed by the defendant. {People ex rél. Kennedy v. Brady, 166 N. Y. 44; Matter of Brandt v. Cheshire, 239 App. Div. 845; Matter of Rosengarten v. Knapp, 236 App. Div. 743; People ex rel. Picceola v. Woodbury, 144 App. Div. 188; People ex rel, Lahey v. Woodbury, 112 App. Div. 79; People ex rel. Holden v.…
1Opinion of the CourtO’Brien, J.
Petitioner was a driver in the sanitation department of the city of New York. Written charges were served upon him specifying neglect of duty, removing trade waste and failure to obey orders. He was tried, found guilty and dismissed from the force. On review by certiorari the Appellate Division annulled the determination and directed reinstatement.
Section 537 of the Greater New York Charter (Laws of 1901, ch. 466) vests the head of this department with power, “ in his discretion, on evidence satisfactory to him,” to dismiss a member of the uniformed force for neglect of duty, disobedience of…
2Cases cited1 opinion
- People Ex Rel. Gilson v. . GibbonsNew York Court of Appeals · 1921
3Cited by8 opinions
- Matter of Rumsey Manufacturing Corp. (Corsi)New York Court of Appeals · 1947
- Rotkiewicz v. Department of Mental HygieneAppellate Division of the Supreme Court of the State of New York · 1954
- Nilsson v. LaGuardiaAppellate Division of the Supreme Court of the State of New York · 1940
- Harvey v. CatherwoodAppellate Division of the Supreme Court of the State of New York · 1944
- Kelly v. MorganAppellate Division of the Supreme Court of the State of New York · 1935
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