People ex rel. Dougan v. Greene
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 3d day of June, 1903, directed to Francis Y. Greene, as police commissioner of the police department of the city of New York, commanding him to certify and return to the office of the clerk of the county of Kings all and singular his proceedings had in dismissing the relator from the police force of the police department of the city of New York.
1ConcurrenceHirschberg, P. J.
(concurring):: I concur in the result. The return alleges that the deputy commissioner was duly authorized to try the charges. He did try the -charges, but it affirmatively appears that he made no adjudication of .guilt. His recommendation that the relator be dismissed from the ■service might be regarded as equivalent to such an adjudication in .accordance with the dictum in People ex rel. Callan v. Partridge (87 App. Div. 573, 576), but for the fact that the order of, dismissal ¡shows that the case was referred to the commissioner for decision, and that the conviction was made by him. The…
2Cases cited2 opinions
- People ex rel. De Vries v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Callan v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1903