Sharkey v. Thurston
New York Court of Appeals
The Mayor is given express statutory power of removal and a court is without authority to interfere with that power. (People ex rel. Jones v. Sherman, 66 App. Div. 235; People ex rel. Nichols v. Mayor, 19 Hun, 442; People ex rel. Burby v. Common Council, 85 Hun, 601; People ex rel. Shannon v. Magee, 55 App. Div. 195; People ex rel. Miller v. Ehnendorf, 57 App. Div. 340; People ex rel. Mayor v. Nichols, 79 N. Y. 582; People ex rel. Deal v. Williams, 51 App.
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The Mayor is given express statutory power of removal and a court is without authority to interfere with that power. (People ex rel. Jones v. Sherman, 66 App. Div. 235; People ex rel. Nichols v. Mayor, 19 Hun, 442; People ex rel. Burby v. Common Council, 85 Hun, 601; People ex rel. Shannon v. Magee, 55 App. Div. 195; People ex rel. Miller v. Ehnendorf, 57 App. Div. 340; People ex rel. Mayor v. Nichols, 79 N. Y. 582; People ex rel. Deal v. Williams, 51 App. Div. 102.) The Mayor’s jurisdiction is exclusive and there is no legal provision for calling in a substitute so that by his not acting it…
1Opinion of the CourtLehman, J.
The Board of Police Commissioners of the city of Lockport consists of four members. It has power to appoint a chief of police. It may, by the affirmative vote of at least three members, remove the chief of police where he is found to be incompetent, negligent or guilty of misconduct. (Charter of the City of Lockport, § 114; Laws of 1911, ch. 870.) The Mayor of the city has power to appoint the members of the Board of Police Commissioners. The city charter (§ 20) provides that “ the mayor shall have power to remove any officer appointed under this act, for incompetency, neglect of duty,…
2Cases cited2 opinions
- Matter of RyersNew York Court of Appeals · 1878
- People Ex Rel. Hayes v. . WaldoNew York Court of Appeals · 1914
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- Mayor of Everett v. Superior CourtMassachusetts Supreme Judicial Court · 1949
- General Motors Corporation—Delco Products Division v. RosaNew York Court of Appeals · 1993
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