Legal Opinion

People ex rel. Hardy v. Greene

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

Decided November 13, 1903PublishedCited by 9 opinions

Appeal from Special Term, Kings County. Mandamus, on the relation of Samuel Hardy, against Francis Vinton Greene, police commissioner of the city of New York. From an order granting a writ of peremptory mandamus requiring the commissioner to place relator on the police pension roll, the commissioner appeals. Reversed.

1Opinion of the CourtHirschberg, J.

On May n, 1903, the relator, a captain on the police force of the city of New York, applied in writing to the respondent, the police commissioner of said city, to be retired from service and to be placed upon the police pension roll, with an award during life of half pay, amounting annually to the sum of $1,375. The application was denied by the commissioner, for the reason that serious charges of neglect of duty, which, if proven, -might justify his dismissal from the force, had been duly preferred against the relator on May 6, 1903, and had resulted in his lawful suspension from active…

2Cases cited4 opinions

  1. McCluskey v. . CromwellNew York Court of Appeals · 1854
  2. People Ex Rel. Bockes v. . WempleNew York Court of Appeals · 1889
  3. People Ex Rel. Brady v. . MartinNew York Court of Appeals · 1895
  4. People Ex Rel. Tuck v. . FrenchNew York Court of Appeals · 1888

3Cited by9 opinions

  1. State Ex Rel. Fox v. Board of Trustees of the Policemen's Pension or Relief FundWest Virginia Supreme Court · 1964
  2. Ballurio v. CastelliniNew Jersey Superior Court Appellate Division · 1954
  3. MacIntyre v. Retirement Board of SFCalifornia Court of Appeal · 1941
  4. Matter of AlmeidaSupreme Court of Rhode Island · 1992
  5. Van Coppenolle v. City of DetroitMichigan Supreme Court · 1946

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