Tiernan v. Walsh

Motion is made by petitioner pursuant to section 1296 of the Civil Practice Act to review the determination of respondent as to the rights of the petitioner. The hearings had were quasi-judicial in character. Witnesses were heard and petitioner had the right to counsel. Respondent urges that the hearing was conducted pursuant to section 487a-12.0 of the Administrative Code of the City of New York (L. 1937, ch. 929) which does not afford the right of review to petitioner, and the hearing had was and is of an administrative and discretionary character affecting discipline of members of the…