People Ex Rel. Kent v. Board of Fire Commissioners
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made the first Monday of March, 1885, which modified an order of the board of fire commissioners of the city of New York, dismissing the relator from service as fireman. The nature of the modification and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made the first Monday of March, 1885, which modified an order of the board of fire commissioners of the city of New York, dismissing the relator from service as fireman. The nature of the modification and the material facts are stated in the opinion. The fire commissioners had jurisdiction to make the order dismissing the relator, and in their proceedings have complied with every condition prescribed in the statute which defines their powers. (Consolidation Act, § 440.) It was the province of the…
1Opinion of the CourtAndrews, J.
The relator was duly charged with having been under the influence of liquor while engaged in the performance of official duty at the Star Theatre to such an extent as to render him unable to perform the duty for which he was detailed. The charge was publicly examined by the commissioners, upon notice to the relator, and in his presence. The testimony tended to sustain it. The relator admitted that he drank a glass of liquor before going to the theatre, but claimed that he did it because he was unwell. There was some conflict as to the extent of the intoxication. It is not claimed that illegal…
2Cited by10 opinions
- People Ex Rel. Town of Hempstead v. State Board of Tax CommissionersNew York Court of Appeals · 1915
- People ex rel. Underhill v. SaxtonAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Gratwick v. Commissioners of the Land OfficeAppellate Division of the Supreme Court of the State of New York · 1922
- People ex rel. Kidd v. Commissioners of ExciseNew York Supreme Court · 1893
- People ex rel. Leo v. HillNew York Supreme Court · 1891
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