Legal Opinion

People ex rel. Moynihan v. Greene

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

Decided May 15, 1904Published

Certiorari issued out of the Supreme Court and attested on the 20th day of October, 1902, directed to. John N. Partridge (the predecessor of Francis Y. 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 city of New York.

1Opinion of the Court

McLaughlin, J.:

The relator, a police captain assigned to duty in the Twenty-ninth Precinct in the city of New York, was on the 10th of September, 1902, charged by an inspector of police with neglect of duty and violation of the rules of the police department. The specifications of the charges were three in number and were, in substance: (1) That the relator, notwithstanding he had knowledge that the police *288commissioner had detailed a member of the police force — one Beck — for duty at the recreation pier at the foot of East One Hundred and Twelfth street — nevertheless withdrew him without…

2Cases cited3 opinions

  1. People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
  2. People ex rel. Eagan v. YorkAppellate Division of the Supreme Court of the State of New York · 1900
  3. People ex rel. Powley v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1897

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