People ex rel. L. C. B. Graveline v. Ham
Appellate Division of the Supreme Court of the State of New York
Cebtiobabi issued out of the Supreme Court, and attested on the 28th day of June, 11900, directed to Fred C. Ham, commissioner of public safety of the city of Albany, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings in relation to. the removal of the relator from the office of police surgeon of the city of Albany.
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Cebtiobabi issued out of the Supreme Court, and attested on the 28th day of June, 11900, directed to Fred C. Ham, commissioner of public safety of the city of Albany, commanding him to certify and return to the office of the clerk of the county of Albany all and singular his proceedings in relation to. the removal of the relator from the office of police surgeon of the city of Albany. Upon the 17th day of February, 1900, the relator was the duly appointed and acting police surgeon of the city of Albany. Upon that day charges of violations of the rules of the police department with…
1Opinion of the Court
Smith, J.:
The relator’s right to this writ is at once challenged. By section 180 of the charter of cities of' the second class (Laws of 1898, chap. 182) it. is provided : “All the members of the police force subject, to the power of removal hereinafter specified shall hold their respective offices during gpod behavior or until by age or disease they become permanently incapacitated to discharge» their duties.” Section 184 then provides : “ If 'a charge be made by any person against any member of the police force that he is incompetent or has been guilty of neglect of duty, misconduct in his…
2Cases cited1 opinion
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
3Cited by4 opinions
- People ex rel. Miller v. PeckAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Loevin v. GriffingAppellate Division of the Supreme Court of the State of New York · 1915
- People ex rel. Miller v. PeckAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Coughlin v. WebsterAppellate Division of the Supreme Court of the State of New York · 1904