Rotheim v. Patterson

This is a proceeding under article 78 of the Civil Practice Act to review a determination of the board of trustees sitting as police commissioners of the village of Freeport, which determination was made as a result of a hearing held and at which evidence was taken. The determination made was the dismissal of the petitioner as a patrolman of the police department of the village.

If the respondents had not raised a legal objection by their answer, this court could do nothing other than to make an order “ directing that the proceedings be transferred for disposition to a term of the Appellate…