People Ex Rel. McAleer v. . French
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department made July 9, 1889, which affirmed an order of the police commissioners of the city of New York dismissing the relator from the police force. The nature of the proceeding and the material facts are stated in the opinion. The discretion lodged in the board of police to remove an officer from the force, can only be exercised in a fair and reasonable way upon a hearing of all the facts.
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Appeal from order of the General Term of the Supreme Court in the first judicial department made July 9, 1889, which affirmed an order of the police commissioners of the city of New York dismissing the relator from the police force. The nature of the proceeding and the material facts are stated in the opinion. The discretion lodged in the board of police to remove an officer from the force, can only be exercised in a fair and reasonable way upon a hearing of all the facts. (Laws of 1882, chaj>. 410, § 272.) The charge, signed by the-sergeant commanding and by the surgeon, was in compliance…
1Opinion of the CourtEarl, J.
The members of the police force of the city of New Yorlc have a permanent tenure of office, and they cannot be dismissed from the force for any fault or misconduct until after charges have been preferred against them and such charges have been examined, heard and investigated, as provided in the statutes and the rules adopted by the board of police commissioners. The following is one of the rules adopted by that board: “Any member of the p slice force
may be punished by the board of police, in their discretion, either by. reprimand, forfeiture and withholding pay, not exceeding thirty days for…
2Cases cited1 opinion
- People Ex Rel. Masterson v. . FrenchNew York Court of Appeals · 1888
3Cited by44 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- MATTER OF BARSKY v. Bd. of RegentsNew York Court of Appeals · 1953
- People ex rel. Burby v. Common CouncilNew York Supreme Court · 1895
- People Ex Rel. Hallock v. . HennessyNew York Court of Appeals · 1912
- People ex rel. Donlon v. Board of Town AuditorsNew York Supreme Court · 1893
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