People Ex Rel. MacNish v. . Waldo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 10, 1914, which annulled, on certiorari, a determination of the defendant in dismissing the relator from the police force of the city of New York and reinstated the relator in his position. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 10, 1914, which annulled, on certiorari, a determination of the defendant in dismissing the relator from the police force of the city of New York and reinstated the relator in his position. The facts, so far as material, are stated in the opinion. A policeman is constructively at least always “ on duty ” and he is amenable to punishment for offenses committed by him while not actually engaged in patrol duty. (People ex rel. Connolly v. Police Comrs., 11 Hun, 403; People ex rel.…
1Opinion of the CourtMiller, J.
The relator, a patrolman, was dismissed from the police force for disobedience of orders in flatly refusing to appear for drill at 3 p. m. on the 9th of May, 1913, as he was ordered by the lieutenant of his precinct to do. His refusal was put upon the ground that the order was in violation of law, and he sought to justify bis disobedience of the order by chapter 360 of the Laws of 1911, known as “The Three Platoon” law, which provided inter alia for the division of the sergeants, roundsmen and patrolmen of the police .force into three platoons, and that “No one of such platocns nor any member…
2Cited by1 opinion
- Majewski v. FarleyAppellate Division of the Supreme Court of the State of New York · 1922