Legal Opinion

People ex rel. Regan v. York

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 2 opinions

Certiorari issued out of the Supreme Court and attested on the 16th day of August, 1900, directed to Bernard J. York and others, composing the board of police commissioners of the police department of the city of New York, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in dismissing the relator from the police force of the police department of the city of New York.

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Certiorari issued out of the Supreme Court and attested on the 16th day of August, 1900, directed to Bernard J. York and others, composing the board of police commissioners of the police department of the city of New York, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in dismissing the relator from the police force of the police department of the city of New York. The relator was appointed patrolman on probation on the 2d day of April, 1889, and the appointment was made permanent on the 4th day of May, 1889.…

1Opinion of the Court

Laughlin, J.:

The order of removal recites the proceedings on the trial — making no reference to the record of the relator; that the trial was before one of the commissioners “ and the proofs and allegations in relation to said charges having been duly taken and recorded as required by law, and the said rules and regulations and the determination of said charges being referred to the Police Board, and the same being now before the Police Board, * * * the same having been referred to the Board for decision, upon due consideration, the Board do adjudge the said Patrolman James Regan to be guilty…

2Cases cited5 opinions

  1. People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
  2. Halleck v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1875
  3. The People v. . ZeystNew York Court of Appeals · 1861
  4. People ex rel. Simermyer v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896
  5. People Ex Rel. Clarke v. . RooseveltNew York Court of Appeals · 1901

3Cited by2 opinions

  1. Howard v. Town of BrightonNew York Supreme Court · 1931
  2. Hubbard v. Onondaga County Department of HealthAppellate Division of the Supreme Court of the State of New York · 1995

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