People Ex Rel. Fitzpatrick v. . Greene
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1904, which dismissed a writ of certiorari to review the determination of the defendant in dismissing the relator from the office of captain of police of the city of New York. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1904, which dismissed a writ of certiorari to review the determination of the defendant in dismissing the relator from the office of captain of police of the city of New York. The facts, so far as material, are stated in the opinion. There were no charges pending against the appellant when he applied to be retired from the police force, and being a veteran of the Civil war and entitled to be retired, the respondent erred in not granting his application. (McDermott v.…
1Opinion of the CourtO’Brien, J.
The relator was removed from the police force by the defendant after a long trial upon charges formulated and filed on the 9tli day of February, 1903. The charges, in substance, were that the relator neglected to perform his duty as a policeman, in certain particulars specified in the charges and referred to at length in the evidence. Whether the charges were or were not sustained by the proof is a question that is not before this court; nor are any other questions that arose in the progress of the trial with* respect to the admission or rejection of evidence. It is admitted on all sides that…
2Cases cited2 opinions
- People Ex Rel. Brady v. . MartinNew York Court of Appeals · 1895
- People Ex Rel. Tuck v. . FrenchNew York Court of Appeals · 1888
3Cited by9 opinions
- Matter of Pierne v. ValentineNew York Court of Appeals · 1943
- Matter of Eberle v. LaguardiaNew York Court of Appeals · 1941
- Pierne v. ValentineAppellate Division of the Supreme Court of the State of New York · 1943
- McMeekan v. Department of HealthNew York Supreme Court · 1935
- Mullarkey v. ValentineAppellate Division of the Supreme Court of the State of New York · 1935
4 more not listed; retrieve them via the Exa API.