Legal Opinion

People ex rel. Fitzpatrick v. Greene

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

Decided November 15, 1904Published

Certiorari issued out of the Supreme Court and attested on the 29th day of May, 1903, directed to Francis V. Greene, as police ■commissioner of the police department of the city of New York, ■commanding him to certify and return to the office of the clerk of the county of New York all and singular his proceedings had in relation to the dismissal of the relator from the police force of the police department of the city of New York.

1Opinion of the Court

Patterson, J.:

The relator was a captain of police in the city of New York. He was charged with neglect of duty, and on a trial or hearing before a deputy police commissioner, was found guilty of the charge and his dismissal was recommended. The findings and recommendation of the deputy police commissioner were approved by the police commissioner, who thereupon made an order declaring and adjudging that the relator was guilty of the charge made against him, and dismissing him from the police force of the city of New York. The action of the police commissioner has been brought up for review by…

2Cases cited3 opinions

  1. People Ex Rel. Miller v. . WursterNew York Court of Appeals · 1896
  2. People ex rel. O'Neill v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1897
  3. People ex rel. Eakins v. RooseveltNew York Court of Common Pleas · 1895

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