Legal Opinion

People ex rel. Walter v. Woods

Appellate Division of the Supreme Court of the State of New York

Decided May 28, 1915PublishedCited by 9 opinions

Appeal by the defendant, Arthur Woods, as police commissioner, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 27th day of February, 1915, as resettled by an order entered in said clerk’s office on the 12th day of March, 1915, granting relator’s motion for a peremptory writ of mandamus.

1Opinion of the Court

Putnam, J.:

Counsel for the relator urges that the probationary period for patrolman is only to let the appointing power see how the offcer has performed his duty during this period. That if his probationary service has been good the commissioner cannot go behind his civil service examination and verify applicant’s statements of facts, and cannot make inquiries as to his character and conduct with former employers. That after being placed on the eligible list the applicant has made his past a “closed book” to the commissioner. The police department has a rule (No. 725) which calls for…

2Cases cited4 opinions

  1. People Ex Rel. Sweet v. . LymanNew York Court of Appeals · 1898
  2. People Ex Rel. Kastor v. . KearnyNew York Court of Appeals · 1900
  3. In re MurrayAppellate Division of the Supreme Court of the State of New York · 1897
  4. People ex rel. Holsten v. WoodsAppellate Division of the Supreme Court of the State of New York · 1915

3Cited by9 opinions

  1. People Ex Rel. Ballinger v. O'CONNORAppellate Court of Illinois · 1957
  2. Kelly v. State Personnel BoardCalifornia Court of Appeal · 1939
  3. Maynard v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1954
  4. Going v. KennedyAppellate Division of the Supreme Court of the State of New York · 1958
  5. Ostoyich v. StateAppellate Division of the Supreme Court of the State of New York · 1984

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