Legal Opinion

People Ex Rel. Cline v. . Robb

New York Court of Appeals

Decided April 14, 1891PublishedCited by 46 opinions

Appeal from order of the General Term of -the- Supreme Court in the first judical department entered October 24,1890, which dismissed a writ of certiorari brought to review a determination of the board of park commissioners of the city of New York, dismissing the relator from the position of park policeman. The facts, so far as material, are stated in the opinion.

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Appeal from order of the General Term of -the- Supreme Court in the first judical department entered October 24,1890, which dismissed a writ of certiorari brought to review a determination of the board of park commissioners of the city of New York, dismissing the relator from the position of park policeman. The facts, so far as material, are stated in the opinion. Park policemen have the same right as the regular police of the city to hold their positions unless removed by due process of law. (Laws of 1882, chap. 410, § 690 ; Laws of 1887, chap. 262.) It is urged that respondents are clothed…

1Opinion of the CourtO’Brien, J.

The relator was a member of the park police in the city of New York, which is a special force, organized by statute and under the exclusive control of the board of park commissioners, for the sole purpose of preserving order in the Central park and the other public parks in the city. On the 23d of October, 1889, the board was advised by its surgeon that the relator, then on the sick list, was suffering from mental disease. The surgeon also suggested to the board that the relator should be examined by some expert in such diseases, in order that his fitness for the performance of police duty in…

2Cases cited4 opinions

  1. People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
  2. People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
  3. People ex rel. Moore v. Mayor of New YorkNew York Supreme Court · 1848
  4. People Ex Rel. Miller v. Board of Police CommissionersNew York Court of Appeals · 1876

3Cited by46 opinions

  1. People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
  2. State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
  3. Van Campen v. Olean General HospitalAppellate Division of the Supreme Court of the State of New York · 1924
  4. People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
  5. Hartigan v. Board of RegentsWest Virginia Supreme Court · 1901

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