People Ex Rel. Voss v. . Greene
New York Court of Appeals
Appeal from an order of the Appellate' Division of the Supreme Court in the first judicial department, entered June 28, 1905, which affirmed the proceedings of the defendant in dismissing the relator from the police force of the city of Hew York. The facts, so far as material, are stated in the opinion. The relator’s dismissal was void, as the deputy commissioner before whom he was tried had not been duly authorized to try him as is required by the charter. (People ex rel.
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Appeal from an order of the Appellate' Division of the Supreme Court in the first judicial department, entered June 28, 1905, which affirmed the proceedings of the defendant in dismissing the relator from the police force of the city of Hew York. The facts, so far as material, are stated in the opinion. The relator’s dismissal was void, as the deputy commissioner before whom he was tried had not been duly authorized to try him as is required by the charter. (People ex rel. McCollum v. Scannell, 56 App. Div. 53.) The deputy commissioners not having the right to try offenders unless they have…
1Opinion of the CourtHaight, J.
The relator was charged with conduct unbecoming an officer, in that he testified falsely upon a trial of another officer. The return shows that the trial took place before Deputy Commissioner Davis, who was duly authorized to hear the same; that he took the evidence and submitted the same to the commissioner, ivho subsequently made his decision thereon finding the relator guilty of the offense charged, and thereupon adjudged that he be dismissed from the police force. Upon the hearing before the deputy commissioner the relator was represented by counsel but no objection was made nor exception…
2Cases cited1 opinion
- People Ex Rel. Garvey v. . PartridgeNew York Court of Appeals · 1905
3Cited by3 opinions
- Chace v. City Council of ProvidenceSupreme Court of Rhode Island · 1914
- People ex rel. Syperrek v. McAdooAppellate Division of the Supreme Court of the State of New York · 1908
- Matter of McMahon v. DevlinNew York Court of Appeals · 1930