Legal Opinion

People ex rel. Fahy v. York

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 9 opinions

Certiorari issued out of the Supreme Court and attested on the 15th day of October, 1898, directed to Bernard J. York and others, commissioners, composing the board of police of the police department of the city of New York, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in dismissing the relator, John Faliy, from the position of patrolman on the police force of the city of New York.

1Opinion of the Court

Rumsey, J.:

This is a certiorari to review the determination of the police commissioners in dismissing the relator from the police force of the city of New York. The error complained of was that the witnesses were not sworn. Such appears to have been the fact, and, therefore, if the relator was entitled to a trial the proceedings were erroneous and the determination must be reversed. (People ex rel. Kasschau v. Police Comrs., 155 N. Y. 40.)

*174But it is claimed on the part of the respondents that the relator was not entitled to a trial at the time of the hearing on the charges, because he had then…

2Cases cited3 opinions

  1. People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
  2. People Ex Rel. Kasschau v. Board of Police CommissionersNew York Court of Appeals · 1898
  3. People ex rel. Killilea v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by9 opinions

  1. Schieffelin v. EnrightAppellate Division of the Supreme Court of the State of New York · 1922
  2. Murphy v. MaxwellNew York Supreme Court · 1902
  3. People ex rel. Grogan v. YorkAppellate Division of the Supreme Court of the State of New York · 1900
  4. People Ex Rel. Hart v. . YorkNew York Court of Appeals · 1902
  5. People ex rel. Brennan v. SturgisAppellate Division of the Supreme Court of the State of New York · 1902

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