People ex rel. Price v. Bingham
Appellate Division of the Supreme Court of the State of New York
Appeal by defendant, Theodore A. Bingham, as police commissioner of' the city of Hew York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of Hovember, 1907, granting the relator’s motion for an alternative writ of mandamus. Also an appeal by the relator, Joseph Price, from so much of said order as denies his application for a peremptory writ of mandamus.
1Opinion of the Court
Per Curiam :
This is an application for a writ of mandamus requiring the police commissioner of the city of Hew York to reinstate the relator in the police department to the place and grade from which the police commissioner has removed him, and an alternative writ has been granted. The application should have been denied. Section 355 of the city charter* provides that the police commissioner shall by order dismiss from the police force and place on the roll of the pension fund any member of the police force who has performed duty on such force for twenty years or more, “ upon a certificate of…
2Cases cited5 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Metcalf v. . McAdooNew York Court of Appeals · 1906
- Metcalf v. McAdooNew York Supreme Court · 1905
- People ex rel. Apfel v. CaseyAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Metcalf v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
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- People ex rel. Kane v. DrennanNew York Supreme Court · 1919
- People ex rel. Tighe v. BinghamNew York Supreme Court · 1910