Legal Opinion

People ex rel. McCollum v. Scannell

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

Decided December 7, 1900Published

Certiorari by the people, on the relation of Patrick McCollum, to review the action of John J. Scannell as fire commissioner, etc., in dismissing relator from the fire department of the city of New York.

1Opinion of the CourtMcLAUGHLIN, J.

The relator, on and prior to October 19, 1899, was a member of the fire department of the city of New York, and on that day he was dismissed from the service upon the ground that he had been found guilty, after a trial had, of charges preferred against him. The charges upon which he was tried and found guilty were that he was intoxicated to such an extent that he was unable to perform his duties, and that he disobeyed orders' at a fire which occurred in the city on the 5th of October, 1899. The evidence introduced before the commissioner was amply sufficient to sustain the charges. The…

2Cases cited9 opinions

  1. People ex rel. Kiebrick v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896
  2. People ex rel. Simermyer v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896
  3. People ex rel. Dermody v. YorkAppellate Division of the Supreme Court of the State of New York · 1900
  4. People ex rel. Equitable Gaslight Co. v. BarkerNew York Supreme Court · 1892
  5. People ex rel. Strauss v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896

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