People ex rel. Glennon v. Martin
New York Court of Common Pleas
Policemen—Certiorabi to Review—Discharge. On certiorari the general term has jurisdiction to review the decision of the board of police commissioners in denying an adjournment of the trial of a policeman; and, if it be found that such denial involved an abuse of discretion, the order of the board upon such trial, dismissing the policeman from the force, will be reversed, and the policeman reinstated.
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Policemen—Certiorabi to Review—Discharge. On certiorari the general term has jurisdiction to review the decision of the board of police commissioners in denying an adjournment of the trial of a policeman; and, if it be found that such denial involved an abuse of discretion, the order of the board upon such trial, dismissing the policeman from the force, will be reversed, and the policeman reinstated. (Syllabus by the Court.) Certiorari by Edward G-lennon to review the decision of James J. Martin and others, as commissioners of the board of police of New York City, in dismissing relator from…
1Opinion of the CourtPryor, J.
The learned counsel for respondents insists that we have no jurisdiction to review the decision of the board of police commissioners in denying the relator’s motion for an adjournment, but the authority he cites in support of the contention (People v. Board, 84 Hun, 64, 32 N. Y. Supp. 18) distinctly recognizes the right of revision in case the refusal of the adjournment involved an abuse of discretion. People v. Thompson, 94 N. Y. 452. We have held in People ex rel. Devery v. Martin (herewith decided) 33 N.Y. Supp. 1000, that the denial of the adjournment in that proceeding was an abuse of…
2Cases cited4 opinions
- People ex rel. Doherty v. Board of Police Com'rsNew York Supreme Court · 1895
- Gallaudet v. SteinmetzThe Superior Court of New York City · 1879
- Garfield National Bank v. ColwellNew York Supreme Court · 1890
- People ex rel. Devery v. MartinNew York Court of Common Pleas · 1895
3Cited by2 opinions
- People ex rel. O'Neill v. BinghamAppellate Division of the Supreme Court of the State of New York · 1909
- Jordan v. Board of EducationNew York Court of Common Pleas · 1895