Legal Opinion

People ex rel. Downes v. Greene

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1904Published

Certiorari issued out of the Supreme Court and attested on the 21st day of February, 1903, directed to Francis Y. Greene, as police commissioner of the police department of the.city of New York, directing him to certify and return to the office of the clerk of the county of New York all and singular the proceedings had by John N. Partridge, as police commissioner of the police department of the city of New York, in relation to the dismissal of the relator from the police…

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Certiorari issued out of the Supreme Court and attested on the 21st day of February, 1903, directed to Francis Y. Greene, as police commissioner of the police department of the.city of New York, directing him to certify and return to the office of the clerk of the county of New York all and singular the proceedings had by John N. Partridge, as police commissioner of the police department of the city of New York, in relation to the dismissal of the relator from the police force of the city of New York.

1Opinion of the Court

McLaughlin, J.:

The relator, a member of the police force of the city of New York, was dismissed on the 14th day of November, 1902, after a trial had before the police commissioner, and has obtained á writ of certiorari to review the proceeding.

He was tried upon five charges: (1) Conduct unbecoming an officer ; (2) conduct injurious to the public peace; (3) neglect and disobedience of orders and of the rules of the department; (4) making false reports; (5) aiding one Reilly in keeping a poolroom. The charges’were supplemented by three specifications: (1) That from August 9 to September 2,1902,…

2Cases cited2 opinions

  1. People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
  2. People ex rel. Eagan v. YorkAppellate Division of the Supreme Court of the State of New York · 1900

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