Martin v. O'Keefe
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Aaron Martin, a member of the police force of the city of Yonkers, pursuant to section 138 of the Second Class Cities Law, from a determination of Maurice O’Keefe, commissioner of public safety of said city, dated June 1, 1920, which finds the appellant guilty of (1) insubordination and disrespect towards his superior officer; (2) neglect and disobedience of orders; (3) breach of discipline, and (4) negligence and dereliction in the performance of…
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Appeal by the plaintiff, Aaron Martin, a member of the police force of the city of Yonkers, pursuant to section 138 of the Second Class Cities Law, from a determination of Maurice O’Keefe, commissioner of public safety of said city, dated June 1, 1920, which finds the appellant guilty of (1) insubordination and disrespect towards his superior officer; (2) neglect and disobedience of orders; (3) breach of discipline, and (4) negligence and dereliction in the performance of his official duties, and delinquencies seriously affecting his general character and fitness for office in the police…
1Opinion of the Court
Kelly, J.:
The courts are slow to interfere with the decision of police executive officers upon trial of members of the force for violation or neglect of duty. Not only because the determination of disputed questions of fact in such cases is for the commissioner or other officer presiding at the trial under the statute and who has the opportunity to observe and hear the witnesses, but also because the necessary discipline in such a department requires that the decision of the commissioner, who is familiar *818with the subject-matter and the management of the police force, should have great weight,…
2Cases cited3 opinions
- Matter of Griffin v. . ThompsonNew York Court of Appeals · 1911
- People ex rel. Miller v. ElmendorfAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Schauwecker v. GreeneAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- In re Scro, New York County Courts1951
- Evans v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1953
- Evans v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1953
- Grottano v. KennedyNew York Court of Appeals · 1959