Stisser v. Roan

Herlihy, J. P. (dissenting).

The majority are determining as to section 137 of the Second Class Cities Law that the sentence “ The commissioner shall then proceed to hear, try and *202determine the charge” is advisory, or gives the City Manager the right, in his discretion, to determine whether or not “ to hear, try and determine the charge ”. It is contended that the section must be read in conjunction with sections 131 and 133 of the same law and with rules and regulations then in effect as to the procedure following the filing of a complaint. We are constrained to disagree.

Section 131, aside…