People Ex Rel. Gilson v. . Gibbons
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court ■ in the. fourth judicial department, entered December 23, 1920, which dismissed a writ of certiorari and confirmed a determination of the board of police of the city of Lackawanna in removing the relator from the position of chief of police.
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Appeal from an order of the Appellate Division of the Supreme Court ■ in the. fourth judicial department, entered December 23, 1920, which dismissed a writ of certiorari and confirmed a determination of the board of police of the city of Lackawanna in removing the relator from the position of chief of police. The Appellate Division, fourth department, having held as part of its order of dismissal that “ the evidence in this record is insufficient to warrant the removal of relator because of misconduct growing out of the strikes,” and the board of police commissioners having fixed the…
1Opinion of the CourtCrane, J.
The appellant was the chief of police of the city of Lackawanna, Erie county, New York. Upon charges preferred under the city charter, he was dismissed from office after a lengthy hearing before the police commissioners. The charges were preferred against the relator by the mayor of the city.
There were twelve numbered charges, five of which were dismissed by the commissioners and the relator fomid guilty on the other seven. The charges sustained were numbers 1, 2, 3, 6, 7, 8, 11, and the Fallon charge. Upon review by the Appellate Division under a writ of certiorari, the conclusions of the…
2Cases cited3 opinions
- People ex rel. Reardon v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. LongAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Leonard v. CropseyAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by14 opinions
- Matter of Weber v. Town of CheektowagaNew York Court of Appeals · 1940
- Lindquist v. City of JamestownNew York Supreme Court · 1948
- Phinn v. KrossNew York Supreme Court · 1960
- Matter of Albano v. HammondNew York Court of Appeals · 1935
- Stowell v. Trustees SantoroAppellate Division of the Supreme Court of the State of New York · 1939
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