Legal Opinion

People ex rel. Cassidy v. Roosevelt

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

Decided July 1, 1896PublishedCited by 1 opinion

Certiorari issued out of the Supreme Court and attested on the 3d day of July, 1895, directed to Theodore Roosevelt and others,, police commissioners, composing the hoard of police of the police department of the city of Yew York, commanding them to certify and return to the'office of the clerk of the. county of Yew York all and singular their proceedings relating to the dismissal of the relator from the police force of the city of Yew York.

1Per curiam

We do not think that the relator had a trial before one or more of the commissioners as required by the rules¡ There was a hearing-upon the charges preferred against the relator at which testimony was taken before Commissioner Martin, who was then a police commissioner. Before that was acted upon' by the board, Commissioner Martin’s term expired* and the other commissioners in office at- that time were removed by the mayor, and the respondents were appointed in place of the retiring and removed commissioners.

It seems to us quite clear that with the retirement or removal of the commissioners…

2Cited by1 opinion

  1. In re ElderAppellate Division of the Supreme Court of the State of New York · 1907

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