Legal Opinion

People Ex Rel. Jordan v. . Martin

New York Court of Appeals

Decided March 23, 1897PublishedCited by 24 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 16,1896, which affirmed, on certiorari, an order made by the respondents dismissing-the relator from the police force of the police department of the city of New York. On the 30th of August, 1894, the relator, who for seven years had been a patrolman of the police force of the city of New York, was charged “with conduct unbecoming an officer.”

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 16,1896, which affirmed, on certiorari, an order made by the respondents dismissing-the relator from the police force of the police department of the city of New York. On the 30th of August, 1894, the relator, who for seven years had been a patrolman of the police force of the city of New York, was charged “with conduct unbecoming an officer.” The charge embraced the. following specifications: First, that he “ obtained leave of absence from 6 p. m. August 29, until 6 a. m.…

1Opinion of the CourtVann, J.

The government of the 'police department of the city of ISTew York is confided by law to a board of police, consisting of four commissioners, who are empowered to make “ rules and regulations of general discipline of the subordinates under their control, but in strict conformity to the provisions of” the Consolidation Act. (L. 1882, ch. 410, §§ 37 and 250.) “ Members of the police force ” are “ removable only after written charges * * * have been preferred against them, and after the charges have been publicly examined into, upon such reasonable notice to the person charged, and in such…

2Cases cited2 opinions

  1. Matter of MooreNew York Court of Appeals · 1888
  2. People ex rel. McKenna v. MartinAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by24 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. Lehman v. Board of Education of City School District of City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
  3. Brown v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1973
  4. In re O'BrienAppellate Division of the Supreme Court of the State of New York · 1938
  5. Sperry Rubber & Plastics Co. v. Review Board of the Indiana Employment Security DivisionIndiana Court of Appeals · 1966

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