Legal Opinion

Metcalf v. McAdoo

New York Supreme Court

Decided October 15, 1905PublishedCited by 5 opinions

Application for a writ of mandamus to compel the police commissioner of the city of Mew York to restore the petitioner to his office of sergeant of police.

1Opinion of the Court

Gaynor, J.:

The petitioner has been unlawfully re-

moved from his office of police sergeant. The police commissioner had authority to remove him and place him on the pension fund roll, as he has done, but only “ upon a certificate of so many of the police surgeons as the police commissioner may require,” showing that he is “ permanently disabled, physically or mentally, so as to be unfit for duty ”; and such certificate is to be filed in the police department (Charter §§ 355-7), L. 1901, ch. 466. Mo such certificate was made and filed. The police commissioner ordered the “ board of surgeons ”…

2Cited by5 opinions

  1. Tyra v. Board of Police & Fire Pension CommissionersCalifornia Supreme Court · 1948
  2. Wright v. Superintending Sch. Com., City of PortlandSupreme Judicial Court of Maine · 1975
  3. People ex rel. Price v. BinghamAppellate Division of the Supreme Court of the State of New York · 1908
  4. People ex rel. Hodgins v. BinghamAppellate Division of the Supreme Court of the State of New York · 1908
  5. Wright v. Superintending Sch. Com., City of PortlandSupreme Judicial Court of Maine · 1975

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