People ex rel. Morgan v. Bingham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Theodore A.. Bingham, as police .commissioner of the city of Heiv York, from-an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the. clerk of the county of Hew York on the 22d day of June, 1906, granting the relator’s motion for leave to discontinue the above-entitled proceeding upon payment of costs, without prejudice to a new proceeding.
1Opinion of the Court
McLaughlin, J.:
The relator was formerly an active member of the police force of the city of Hew York, and was retired and ,placed upon the retired list.with a pension.. Subsequently he instituted this proceeding by notice of motion to obtain a writ of mandamus requiring the defendant, as police commissioner, to reinstate him in his'former position. After the motion had been argued, but before the same had been determined, he sought to discontinue- the proceeding, but the corpo- ■ ration counsel refusing -to give hi§ consent, a motion was made for that purpose. The motion was granted and there…
2Cases cited1 opinion
- People ex rel. Allen v. YorkAppellate Division of the Supreme Court of the State of New York · 1903