Legal Opinion

People ex rel. O'Neill v. Bingham

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

Decided June 4, 1909PublishedCited by 2 opinions

Ceetioeaei issued out of the Supreme Court and attested -on the . 18th day of June, 1907, directed to Theodore-A. Bingham, as police commissioner 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 concerning the removal of the relator from the police department of the city of New York.

1Opinion of the Court

Laughlin, J.:

I am of opinion that the relator cannot be reinstated without extending the grounds of review of the action of- the commissioner of police' on charges preferred against members of the department to an unwarranted extent, and establishing a precedent which will unnecessarily and improperly interfere with the disciplinary power of the-commissioner and will be very prejudicial to the interests of the municipality.

The grounds upon which the action of the police commissioner may be reviewed in a certiorari proceeding of this nature are those enumerated in section 2140 of the Code of…

2Cases cited1 opinion

  1. People ex rel. Glennon v. MartinNew York Court of Common Pleas · 1895

3Cited by2 opinions

  1. In re Scro, New York County Courts1951
  2. Warden of Maryland Penitentiary v. PalumboCourt of Appeals of Maryland · 1957

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