People ex rel. Fay v. Partridge
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Mandamus by the people, on the relation of Patrick Fay, against John N. Partridge, as police commissioner of the city of New York, to compel the reinstatement of relator as detective sergeant, and to retire him on a pension of $i,coo a year. From an order denying an application for a peremptory writ, relator appeals. Affirmed.
1Opinion of the CourtHatch, J.
The relator asks in this proceeding the same relief as was asked in -People ex rel. Eahey v. Partridge, 79 N. Y. Supp. 724, and, further, that upon reinstatement as a detective sergeant he be retired upon a pension of $1,000 per annum. So far as the relator’s right to reinstatement is concerned, it is in all respects governed by the Case of Eahey, and the decision therein is conclusive of the relator’s rights. He shows himself, however, entitled to be retired upon a pension, pursuant to the provisions of section 355 of the charter. The real point in the case is in what capacity he shall be…
2Cases cited1 opinion
- People ex rel. Lahey v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- People ex rel. Lahey v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1903