People ex rel. McCarthy v. French
New York Supreme Court
Certiorari to review the action of défendants as commissioners of the board of police of the Mty of New York, in removing relator from the office of deputy clerk.
1Opinion of the CourtDaniels, J.
No formal charges were made against the relator, and no opportunity was afforded him to be heard before the commissioners, as that was provided for by section 38, chapter 335, of the Laws of 1873, before the resolution for his removal was adopted ; and if the case is governed by the provisions contained in *419that section his removal was unauthorized (People ex rel. Munday v. Fire Commissioners, 72 N. Y. 445).
But while such were the requirements of this provision of the law, it was within the authority of the legislature either to supersede, modify or repeal it. As the right was one which was…
2Cases cited3 opinions
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- Smith v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
- People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
3Cited by3 opinions
- People ex rel. Conti v. KempnerAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Simons v. MurrayNew York Court of Common Pleas · 1895
- Spitzer v. Village of FultonNew York Supreme Court · 1900