Evans v. Monaghan

Dore, J. P., and Callahan, J.

(dissenting). The petitioners have been tried twice in disciplinary proceedings on charges of misconduct as police officers. The first trial resulted in a dismissal of the charges after a full hearing, in which the petitioners were compelled to take the stand as witnesses.

*391Upon the decision of an earlier appeal in an action to restrain defendants from proceeding with the trial, we affirmed an order denying a motion for a tempor ary injunction and pointed out that injunctive relief would be improper because a complete and adequate remedy at law was available in the…