People Ex Rel. Metcalf v. . McAdoo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1905, which affirmed an order of Special Term granting a peremptory writ of mandamus to compel the defendant to restore the relator to active duty as a sergeant of police in the city of Hew York.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1905, which affirmed an order of Special Term granting a peremptory writ of mandamus to compel the defendant to restore the relator to active duty as a sergeant of police in the city of Hew York. The relator is a veteran, who, after four years of service as a soldier in the Civil war, on the 29th of October, 1866, was appointed a patrolman in the police force of the city of Hew York. In 1869 he was promoted to the position of rounds-man and in 1876 to that of sergeant.…
1Opinion of the CourtVann, J.
It is provided by the statute governing the subject that “ any member of the police force being of the age of fifty-five years who has or shall have performed duty on such police force as aforesaid for a period of twenty years or upwards, upon his own application in writing, may, or upon a certificate of so many of the police surgeons as the police commissioner may require, showing a member of whatever age who has served twenty years is permanently disabled, physically or mentally so as to be unfit for duty, shall, by order of the police commissioner, be relieved and dismissed from said force…
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