People Ex Rel. Stephenson v. . Bingham
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 21, 1909, which dismissed a writ of certiorari and affirmed the proceedings of the defendant in dismissing the relator from the office of captain in the police department of the city of New York. The decision of the Appellate Division, although unanimous, is reviewable here. (People ex rel. v. Green, 179 N. Y. 195; S. Nat.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 21, 1909, which dismissed a writ of certiorari and affirmed the proceedings of the defendant in dismissing the relator from the office of captain in the police department of the city of New York. The decision of the Appellate Division, although unanimous, is reviewable here. (People ex rel. v. Green, 179 N. Y. 195; S. Nat. Bank v. Weston, 172 N. Y. 250; Clancy v. N. Y. & H. B. B. Co., 201 N. Y. 235; Otten v. M. R. R. Co., 150 N. Y. 395; Edson v. Barto, 154 N. Y. 217; Birdsall v.…
1Opinion of the CourtChase, J.
If the allegations contained in the charges against the relator are true, the finding of the police commissioner was justified.
The order of the Appellate Division dismissing the writ of certiorari and unanimously affirming the proceedings before the commissioner necessarily included a decision that there was evidence supporting, or tending to sustain, the finding of the commissioner that the relator is guilty of the charges made against him.
Whether there was evidence to support or tending to sustain such finding is a question of law (Marden v. Dorthy, 160 N. Y. 39; Meserole v. Hoyt, 161 N. Y.…
2Cases cited9 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Marden v. . DorthyNew York Court of Appeals · 1899
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
- Szuchy v. . Hillside Coal Iron Co.New York Court of Appeals · 1896
- Meserole v. . HoytNew York Court of Appeals · 1899
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3Cited by3 opinions
- In Re the Accounting of HiddenNew York Court of Appeals · 1926
- People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
- Claim of Kade v. Greenhut Co.Appellate Division of the Supreme Court of the State of New York · 1920