In re Reynolds
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Theodore A. Bingham, as police commissioner, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 3d day of February, 1908, granting an application for a peremptory writ of mandamus.
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Appeal by the defendant, Theodore A. Bingham, as police commissioner, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 3d day of February, 1908, granting an application for a peremptory writ of mandamus. The relator, a captain of police, was relieved and dismissed from the police force of the city of Mew York and placed on the roll of the police pension fund by the police commissioner on the following certificate of three police surgeons: “We do hereby certify, that said James Gr. Reynolds, who…
1Per curiam
The learned court below decided that the certificate of the surgeons was not sufficient in substance to give the police commissioner jurisdiction to remove the relator from the police force and place him on the roll of the police pension fund. Section 355 of the city charter provides that any member of the police force who has served for twenty years (which is the case of the plaintiff) shall “ be relieved and dismissed from said force and service and placed on the roll of the police pension fund ” by the police commissioner, “ upon a certificate of so many of the police surgeons as the…
2Cited by2 opinions
- Brand v. Teachers' Retirement BoardNew York Supreme Court · 1937
- People ex rel. Cunningham v. HayesAppellate Division of the Supreme Court of the State of New York · 1910