People Ex Rel. Hart v. . York
New York Court of Appeals
Appeal from so much of an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 14, 1901, as imposes as a condition for the reinstatement of the relator to the police force of the city of New York that he stipulates not to claim back salary from the date of his dismissal from the force. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeal from so much of an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 14, 1901, as imposes as a condition for the reinstatement of the relator to the police force of the city of New York that he stipulates not to claim back salary from the date of his dismissal from the force. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The action of the Appellate Division is without jurisdiction and is illegal and void. (Code Civ. Pro. § 2140.) The court did not correct the adjudication. It reversed the…
1Opinion of the CourtHaight, J.
This is a writ of certiorari to review the proceedings of the police commissioners in removing the relator, a patrolman, from the police force of the city of New York in 1897. Several charges were preferred against him for neglect of duty as such officer. These charges, upon notice to him, were brought to a hearing before the police commissioners and a trial was had resulting in a resolution of the board dismissing him. from the police force. The statements -of the witnesses fully sustained the charges and also showed ■that the relator handed in his resignation from the force on the sixth day…
2Cases cited4 opinions
- People Ex Rel. Kasschau v. Board of Police CommissionersNew York Court of Appeals · 1898
- Bush v. . O'BrienNew York Court of Appeals · 1900
- People ex rel. Fahy v. YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People Ex Rel. Grogan v. . YorkNew York Court of Appeals · 1901
3Cited by1 opinion
- Hecht v. MonaghanNew York Court of Appeals · 1954