Legal Opinion

People ex rel. McLeavy v. French

New York Supreme Court

Decided November 7, 1889Published

Writ of certiorari to review judgment of respondents dismissing relator from police force.

1Opinion of the CourtVan Brunt, P. J.

The relator was charged with neglect of duty, the specification being -that he did not properly patrol his post upon a certain occasion during his tour of patrol duty.

The relator admits that he went off his post and fell asleep, and he did not awaken until the roundsman was there.

The existence of this dereliction of duty gave the respondents jurisdiction of the relator for purposes of discipline, and with the extent of the punishment inflicted we have nothing to do. The writ must be dismissed, with costs.

Barrett and Daniels, JJ., concur.-

*457Note on “ Removal of Policemen.”

The statute, empowers…

2Cases cited16 opinions

  1. People Ex Rel. Cline v. . RobbNew York Court of Appeals · 1891
  2. People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
  3. People Ex Rel. Hogan v. . FrenchNew York Court of Appeals · 1890
  4. People Ex Rel. Weston v. . McClaveNew York Court of Appeals · 1890
  5. People ex rel. Roe v. McLeanNew York Supreme Court · 1890

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