Matter of Greenebaum v. . Bingham
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 31, 1910, which dismissed a writ of certiorari and affirmed the proceedings of the defendant in dismissing the relator from the police force of the city of Mew York. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 31, 1910, which dismissed a writ of certiorari and affirmed the proceedings of the defendant in dismissing the relator from the police force of the city of Mew York. The facts, so far as material, are stated in the opinion. The relator appellant as a member of the uniformed force of the police department Was entitled to a fair trial and to a decision on the evidence submitted to the trial commissioner. (People ex rel. Kasschau v. Police Comm., 155 N. Y. 44; People ex rel. Carney…
1Opinion of the CourtVann, J.
The relator, a member of the police force of the city of Mew York, was charged with violating the rules of the department and after a trial was removed by the commissioner. The rule in question provided that members of the force “ shall not willfully maltreat nor use unnecessary violence to any person, prisoner or otherwise.” It was alleged in the charge that the relator, a patrolman, “ during his tour of patrol duty from 10 p. m. October 6th, to 2 a. m. Oct. 7th, 1908, willfully maltreated and used unnecessary violence to patrolman Michael J. McGrath.” While there was ample evidence to…
2Cases cited2 opinions
- People Ex Rel. Kasschau v. Board of Police CommissionersNew York Court of Appeals · 1898
- People Ex Rel. Shiels v. . GreeneNew York Court of Appeals · 1904
3Cited by34 opinions
- Hecht v. MonaghanNew York Court of Appeals · 1954
- Simpson v. WolanskyNew York Court of Appeals · 1975
- Matter of Roge v. ValentineNew York Court of Appeals · 1939
- Sowa v. LooneyNew York Court of Appeals · 1968
- Brown v. RistichNew York Court of Appeals · 1975
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