Simms v. Monaghan

Proceeding under article 78 of the Civil Practice Act to review respondent’s determination, after a hearing, dismissing the substituted petitioner’s intestate from the position of patrolman in the police department of the city of New York because of conduct unbecoming an officer, which proceeding has been transferred to this court for disposition pursuant to section 1296 of the Civil Practice Act. Determination annulled on the law and the facts, without costs, the charge dismissed, and reinstatement of the intestate to said position as of the date of his said dismissal ordered. The trial of…