People ex rel. Grogan v. York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas K, Grogan, 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 loth day of March, 1900, granting the defendants’ motion for leave to file an amended return to the writ of certiorari issued to review the relator’s dismissal from the position of policeman on the police force of the city of New York.
1Opinion of the Court
Hatch, J. :
The appeal in this case is from an order allowing an amendment to the return to a writ of. certiorari by setting up the fact, if such he the fact, that the relator absented himself from the force without leave for a period of five days. No question is raised but- that the court is possessed of the power to allow the amendment; its exercise is sanctioned hy authority. (People ex rel. R. R. Co. v. Assessors, 10 App. Div. 393 ; People ex rel. N. Y. C. & H. R. R. P. Co. v. Cook, 62 Hun, 303.)
It appears from the moving papers that the relator has been tried upon charges, and after such…
2Cases cited5 opinions
- People Ex Rel. Nugent v. Board of Police CommissionersNew York Court of Appeals · 1889
- People ex rel. Fahy v. YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Brooklyn Elevated Railroad v. Board of AssessorsAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. New York Central & Hudson River Railroad v. CookNew York Supreme Court · 1891
- People ex rel. Streubel v. YorkAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Schieffelin v. EnrightAppellate Division of the Supreme Court of the State of New York · 1922
- People ex rel. Hart v. YorkAppellate Division of the Supreme Court of the State of New York · 1902