Tiernan v. Walsh

Petitioner, an honorably discharged war veteran and a civil service employee with twenty-one years of service as a uniformed member of the Fire Department of the City of New York, was tried on five charges, found guilty, fined five days’ pay on charge No. 2 and reprimanded on the other four charges. He seeks by this proceeding under article 78 of the Civil Practice Act a review of the determination of the Fire Commissioner, predicating his right to such relief upon section 22 of the Civil Service Law.

The respondent under section 1293 of the Civil Practice Act moves to dismiss the proceeding,…