Horan v. Fleming

Rich, J.:

This appeal is from an adjudication of the commissioner of public safety of the city of Yonkers adjudging the appellant, a police officer of said city, guilty of an unprovoked assaultupon one William Donnelly, and ordering him punished therefor by the withholding of twenty-five days’ pay. The appeal is taken under the provisions of section 138 of the Second' Class Cities Law (Consol. Laws, chap. 53; Laws of 1909, chap. 55), as amended by chapter 266 of the Laws of 1910, and brings before us for review questions of law only. There was sufficient evidence to require the determination…