Legal Opinion

People ex rel. Hodgins v. Bingham

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

Decided October 16, 1908PublishedCited by 2 opinions

Appeal by the defendant, Theodore A. Bingham, as police commissioner, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on.the 18th day of March, 1908, granting the relator’s motion for an alternative writ of mandamus requiring the police commissioner of the city of New York to restore the relator to his place as captain of police, from which he was removed, on the ground that such…

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Appeal by the defendant, Theodore A. Bingham, as police commissioner, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on.the 18th day of March, 1908, granting the relator’s motion for an alternative writ of mandamus requiring the police commissioner of the city of New York to restore the relator to his place as captain of police, from which he was removed, on the ground that such removal was void.

1Opinion of the Court

Gaynor, J.:

' The relator has been dismissed from the police force and put on the roll Of the police pension fund by order of the police commissioner. The cases in which the. commissioner is empowered to do this joint act in Ms discretion, and. those in which he is required to do it, i. e., the cases in which he may and those in which he must, are prescribed by the city charter. They are as follows :

1. He may in the case of a member of the force who is 55 years old and has performed duty on such force for 20 years, on the application in writing of such member.

2. He must in the case o.f a…

2Cases cited3 opinions

  1. People Ex Rel. Metcalf v. . McAdooNew York Court of Appeals · 1906
  2. Metcalf v. McAdooNew York Supreme Court · 1905
  3. People ex rel. Metcalf v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by2 opinions

  1. Town of Pelham v. ShinnAppellate Division of the Supreme Court of the State of New York · 1908
  2. Hodgins v. BinghamAppellate Division of the Supreme Court of the State of New York · 1909

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