Legal Opinion
Goldberg v. Wagner
New York Supreme Court
Decided October 25, 1957PublishedCited by 5 opinions
1Opinion of the CourtJacob Markowitz, J.
This is an article 78 proceeding in the nature of mandamus to compel the respondents to take official action for the holding of a departmental trial to hear *664certain charges brought by petitioner, a private individual, against a police officer. Respondents cross-moved to dismiss the petition for legal insufficiency.
The allegations of the petition are silent with respect to any law or regulation requiring the Mayor or police commissioner to take official action on complaints of private individuals against police officers.
Although the police commissioner is entrusted with discretion in…
2Cases cited3 opinions
- Gimprich v. Board of EducationNew York Court of Appeals · 1954
- People ex rel. Judge v. HylanAppellate Division of the Supreme Court of the State of New York · 1922
- Burdick v. HallAppellate Division of the Supreme Court of the State of New York · 1931
3Cited by5 opinions
- Posner v. LevittAppellate Division of the Supreme Court of the State of New York · 1971
- Irving v. Finger Lakes State Parks CommissionNew York Supreme Court · 1958
- Blaikie v. LindsayNew York Supreme Court · 1971
- Gardner v. ConstantineNew York Supreme Court · 1988
- Patrolmen's Benevolent Association of the City of New York, Inc. v. McFaddenNew York Supreme Court · 1965