People Ex Rel. Grogan v. . York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 19, 1901, affirming the action of the defendants as police cominissioners of the city of New York in dismissing the relator from the police department of that city. The questions involved in this case arose upon a certiorari issued to review the action of the respondents, and the several returns thereto.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 19, 1901, affirming the action of the defendants as police cominissioners of the city of New York in dismissing the relator from the police department of that city. The questions involved in this case arose upon a certiorari issued to review the action of the respondents, and the several returns thereto. The only charge originally made as a basis for the removal of the relator was that he was absent from roll call at one o’clock p. m., October 19, 1897, and that he did not…
1Opinion of the CourtMartin, J.
On the 20th of December, 1897, the relator, a member of the police force of the city of New York, was dismissed upon the sole ground that he failed to attend roll call on the 19th of the preceding October. He had no notice of the hearing upon the charges made against him until two days after the time appointed therefor, and it is admitted there was no competent proof to sustain the charges. The dismissal was based upon unverified statements alone, and was, consequently, invalid. (People ex rel. Kasschau v. Board of Police Comrs., 155 N. Y. 40.)
Thus it was conclusively shown that the relator…
2Cases cited1 opinion
- People Ex Rel. Kasschau v. Board of Police CommissionersNew York Court of Appeals · 1898
3Cited by2 opinions
- People Ex Rel. Shiels v. . GreeneNew York Court of Appeals · 1904
- People Ex Rel. Hart v. . YorkNew York Court of Appeals · 1902