In re Fay
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Patrick Fay, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of November, 1902, denying his application for a peremptory writ of mandamus compelling the police commissioner of the city of New York to reinstate the relator as a detective sergeant and to-retire him on a pension of $1,000 per annum.
1Opinion of the Court
Hatch, J.:
The relator asks in this proceeding the same relief as was asked in Matter of Lahey v. Partridge (78 App. Div. 199), and further that, upon reinstatement as a detective sergeant, he be retired upon a pension of $1,000 per annum. So far as the relator’s right to reinstatement is concerned, it is in all respects governed by the case of Lahey, and the decision therein is conclusive of the relator’s rights.
He shows himself, however, entitled to be retired upon a pension pursuant to the provisions of section 355 of the charter. (Laws of 1897, chap. 378 as amd. by Laws of 1901, chap.…
2Cases cited1 opinion
- In re LaheyAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- In re LaheyAppellate Division of the Supreme Court of the State of New York · 1903