People Ex Rel. Garvey v. . Partridge
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 24, 1904, which annulled a determination of the defendant dismissing the relator from the police force of the city of Hew York. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 24, 1904, which annulled a determination of the defendant dismissing the relator from the police force of the city of Hew York. The nature of the action and the facts, so far as material, are stated in the opinion. The police commissioner had full power to convict, and, on conviction, to dismiss, and the examination before his deputy of the charge was fon his guidance, and if the evidence taken upon the examination of the charges warranted the conviction and dismissal of the…
1Opinion of the CourtWerner, J.
On the 13th day of June, 1901, the relator, then a patrolman on the police force, of the city of Hew York, was charged with violating certain rules of the police department. The charges were heard by one of the deputy police commissioners, and thereafter the police commissioner, who had taken no part in the hearing, found the relator guilty of the misconduct charged against him and made an order dismissing him from the force. The relator appealed from that order, and the learned Appellate Division annulled the determination of the police commissioner, on the ground that the deputy who had…
2Cases cited2 opinions
- People Ex Rel. Flanagan v. Board of Police CommissionersNew York Court of Appeals · 1883
- People Ex Rel. Weston v. . McClaveNew York Court of Appeals · 1890
3Cited by9 opinions
- People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
- Bailey v. Examining & Trial BoardMontana Supreme Court · 1912
- People ex rel. Greenberg v. ReidAppellate Division of the Supreme Court of the State of New York · 1912
- Kelly v. MonaghanAppellate Division of the Supreme Court of the State of New York · 1959
- People Ex Rel. Voss v. . GreeneNew York Court of Appeals · 1906
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