Matter of Hodgins v. . Bingham
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 16, 1908, which reversed an order of Special Term granting a motion for an alternative writ of mandamus directing the defendant to reinstate the petitioner as captain of police in the police department of the city of New York.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 16, 1908, which reversed an order of Special Term granting a motion for an alternative writ of mandamus directing the defendant to reinstate the petitioner as captain of police in the police department of the city of New York. The facts, so far as material, are stated in the opinion, The finding by the police surgeons as to the fact of the physical condition of the relator is subject to review. (People ex rel. Schau v. Mc Williams, 185 N. Y. 92.) The order of the Special Term…
1Opinion of the CourtHaight, J.
The relator, William H. Hodgins, was appointed a member of the police department of the city of New York on the 25th day of January, 1888, and continued a member of the department until the 6th day of November, 1907, at which time he was retired and dismissed by the police commissioner from the force and granted a pension at the rate of $1,375 per annum, he at that time being a captain of police. This dismissal was based upon a certificate signed by three surgeons of the police force, which is as follows:
“We do hereby certify that William H. Hodgins, who has served the police force and been a…
2Cited by14 opinions
- Matter of Newbrand v. City of YonkersNew York Court of Appeals · 1941
- Mandle v. BrownNew York Court of Appeals · 1958
- Poster v. StroughAppellate Division of the Supreme Court of the State of New York · 2002
- Doherty v. McElligottAppellate Division of the Supreme Court of the State of New York · 1939
- Thomasson v. ValentineAppellate Division of the Supreme Court of the State of New York · 1942
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