People ex rel. Kennedy v. Foley
New York Supreme Court
The relator moves, under an order to show cause, for an order restraining respondent Foley, as mayor, from further proceeding in the matter of charges preferred by him against relator Kennedy as commissioner of public safety of the city of Cohoes.
1Opinion of the CourtRudd, J.
The relator is and has been commissioner of public safety of the city of Cohoes since January 4, 1918. On October eighth last, accompanied by a police officer, he took possession, as commissioner of public safety, of certain gambling devices, known as slot machines, and arrested the individuals in whose premises he found the machines.
On October eleventh the mayor made charges in writing against the relator, alleging that the relator’s action in connection with the seizing of the gambling devices was ‘ ‘ a usurpation of the duties and functions of the chief of police and it proves to me that…
2Cases cited3 opinions
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- People ex rel. Sandman v. TuthillAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. Wheeler v. CooperNew York Supreme Court · 1879