Legal Opinion

People ex rel. McAuley v. Baker

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

Decided June 10, 1910PublishedCited by 3 opinions

Certiorari issued out of the Supreme Court and attested on the 14th day of July, 1909, directed to William F. Baker, 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 Kings all and singular the proceedings had before his predecessor, Theodore A. Bingham, regarding the dismissal of the relator from the police force of the city of New York.

1Opinion of the Court

Woodward, J.:

The relator is charged with and has been convicted of neglect of duty and neglect of duty and insubordination, under two distinct charges. The first charge of neglect of duty is accompanied by specifications, which charge that “Peter J.'McAuley, assigned to patrol Night Posts Nos. 16 and 17 (5th Avenue from North Washington Square to 14th Street, including Washington Mews), did not properly patrol said post and was loitering and in conversation with a citizen in front of the Hotel Brevoort, 5th Avenue and 8th Street, from 12:15 a. m. to 12 :35 a. m., March 8th, 1909.” The…

2Cases cited1 opinion

  1. People ex rel. Keane v. DoolingAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by3 opinions

  1. People ex rel. Henninger v. WaldoAppellate Division of the Supreme Court of the State of New York · 1915
  2. People ex rel. O'Connor v. WaldoAppellate Division of the Supreme Court of the State of New York · 1913
  3. People ex rel. O'Connor v. WaldoAppellate Division of the Supreme Court of the State of New York · 1913

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