Legal Opinion

People ex rel. Eagan v. York

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 4 opinions

Certiorari issued out of the Supreme Court and attested on the 8th day of May, 1898, directed to Bernard J. York and others, commissioners, composing the board of police of the police department of the city of New York, commanding them to certify and return to the office of the clerk of the county of Kings all and singular their proceedings in relation to the dismissal of the relator from the police force of the city of New York.

1Opinion of the Court

Jenks, J.:

Several charges were preferred against the relator. One, of March 28,1898, is a violation of rule 21, that .prescribes “ No member of the force shall be guilty of any of the following offenses, and for a violation hereof the commissioner may, in his discretion, punish the offender in the manner prescribed by law. * * * F.

Absence without leave.” The specification is “ That at the bor*337ougli of Brooklyn, commencing at 10 o’clock p. m. on the 12th day of March, 1898, the said patrolman, Andrew C. Eagan, was absent from duty without leave, and continued such absence until 11 o’clock a. m.…

2Cases cited6 opinions

  1. Matter of RyersNew York Court of Appeals · 1878
  2. People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
  3. People Ex Rel. Jordan v. . MartinNew York Court of Appeals · 1897
  4. People ex rel. McMorrow v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1897
  5. People ex rel. Deloughry v. WellesAppellate Division of the Supreme Court of the State of New York · 1896

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3Cited by4 opinions

  1. People ex rel. Liberty v. CookeAppellate Division of the Supreme Court of the State of New York · 1919
  2. People ex rel. Carney v. ScannellAppellate Division of the Supreme Court of the State of New York · 1903
  3. People ex rel. Downes v. GreeneAppellate Division of the Supreme Court of the State of New York · 1904
  4. People ex rel. Moynihan v. GreeneAppellate Division of the Supreme Court of the State of New York · 1904

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