Matter of McMahon v. Devlin

Respondent, a patrolman on the police force of the city of Yonkers, pleaded guilty to charges of misconduct preferred against him by bis captain, withdrew his plea, stood trial and was removed. After a delay of two years and a half, he instituted this mandamus proceeding for reinstatement. He was defeated at Special Term but the Appellate Division by a divided court reversed and directed a peremptory mandamus order. The petition alleges and the opposing affidavit admits that the hearing on the charges was conducted by the deputy commissioner of public safety, that the decision was rendered by…