Legal Opinion

People ex rel. Boyle v. Greene

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

Decided July 1, 1903PublishedCited by 1 opinion

Appeal by the defendant, Francis Y. Greene, as police commissioner of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of June, 1903, granting a peremptory writ of mandamus compelling the police commissioner to recognize the relator as a detective sergeant. . ’ - The statute under which the relator claimed the right to be recognized as a detective…

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Appeal by the defendant, Francis Y. Greene, as police commissioner of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of June, 1903, granting a peremptory writ of mandamus compelling the police commissioner to recognize the relator as a detective sergeant. . ’ - The statute under which the relator claimed the right to be recognized as a detective sergeant was section 290 of the revised Greater New York charter (Laws of 1901, chap. 466).

1Opinion of the Court

Hatch, J.:

It appears from the record in the present proceeding that prior to April 20,1901, the relator was a patrolman upon the police force of the city of New York. On that day he was assigned to the performance of duty in the detective bureau of such police force under the terms of the following order:

“New York, April 20, 1901.
“ Captain Titus,
“ Detective Bureau:
“ Dear Sir.— Patrolman’ William F. Boyle, of Twenty-fifth precinct, is hereby temporarily assigned to duty in your office for five days, from 8 a. m., 20th inst.
“ WILLIAM S. DEYERY,
“ First Deputy Commissioner of Policed

Pursuant to…

2Cases cited1 opinion

  1. Matter of Sugden v. . PartridgeNew York Court of Appeals · 1903

3Cited by1 opinion

  1. People ex rel. Cohen v. BinghamNew York Supreme Court · 1906

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