People Ex Rel. Short v. Board of Fire Commissioners
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the.first judicial department, made March 2, 1888, which affirmed an order of the Board of Fire Commissioners of the city of Mew York transferring the relator from duty as chief of battalion to duty as foreman in said fire department. The facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the.first judicial department, made March 2, 1888, which affirmed an order of the Board of Fire Commissioners of the city of Mew York transferring the relator from duty as chief of battalion to duty as foreman in said fire department. The facts are sufficiently stated in the opinion. Short having been established in the rank of chief of battalion, the commissioners could not remove him without first, preferring written charges, and, secondly, granting the accused a trial on same by virtue of the laws governing the discipline of the…
1Opinion of the CourtHaight, J.
The relator brought certiorari to review the action of the respondent in transferring him from duty as chief of- battalion in the fire department to that of foreman. It appears from the return of the respondent that in July, 1886, due John McCabe held the position of second assistant chief of the department; that the board of fire commissioners adopted a resolution on removing and discharging him from the position, on account of incapacity and incompetency; and thereafter, and on the 4th of August, 1886, the board, in good faith believing that the position of second assistant chief of…
2Cited by4 opinions
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