Di Nardo v. Monaghan

Petitioner, who had served honorably in the police force for a period of ten years and had attained the rank of sergeant and passed an examination for promotion to lieutenant, has been dismissed from the department on a finding made by the third deputy commissioner that he perpetrated a rape.

We shall not review the evidence in detail, although it is a detailed consideration of the evidence which leads us to the conclusion that the determination should be annulled. We would unhesitatingly reverse this determination if made by a court or jury, upon the ground that the finding was contrary to…