People Ex Rel. Brady v. . Martin
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made March 13, 1894, which affirmed an order of Special Term denying an application by the relator for a peremptory writ of mandamus.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made March 13, 1894, which affirmed an order of Special Term denying an application by the relator for a peremptory writ of mandamus. The relator herein applied to the Special Term of the Court of Common Pleas for a mandamus to compel the defendants, who are the commissioners of police of the city of New York, to adopt a resolution relieving and dismissing him from the police force and placing him upon the roll of the police pension fund, according to the provisions of section 307 of…
1Opinion of the CourtPeckham, J.
By section 307 of chapter 410 of the Laws of 1882, commonly called the Consolidation Act relating to the city of New York, it was provided that any member of the police force who had performed duty for a period of twenty years or upwards, might “ in the discretion of the board of police,, by resolution, unanimously adopted by a full board, be retired from service and placed upon the police pension roll.” This provision of course manifestly and in terms vested a discretion in the board of police in regard to the adoption of the resolution. The law stood in that condition until 1885, when, by…
2Cases cited1 opinion
- People Ex Rel. Tuck v. . FrenchNew York Court of Appeals · 1888
3Cited by17 opinions
- Ballurio v. CastelliniNew Jersey Superior Court Appellate Division · 1954
- Matter of Pierne v. ValentineNew York Court of Appeals · 1943
- People Ex Rel. Fitzpatrick v. . GreeneNew York Court of Appeals · 1905
- People ex rel. Hardy v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903
- Bullock v. SpencerDistrict Court, District of Columbia · 1953
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