People ex rel. McKenna v. Martin
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of -the. Supreme Court and attested on the 10th day of December, 1894, directed to James J. Martin, John C. Sheehan, Charles II.' Murray and Michael Kerwin, as police commissioners of the city of New York, constituting the board of police of the police department of the city of New York, requiring them to certify and return to the office of the clerk of the county of New York all their proceedings in relation to the dismissal of the relator from the…
Read the full summary
Certiorari issued out of -the. Supreme Court and attested on the 10th day of December, 1894, directed to James J. Martin, John C. Sheehan, Charles II.' Murray and Michael Kerwin, as police commissioners of the city of New York, constituting the board of police of the police department of the city of New York, requiring them to certify and return to the office of the clerk of the county of New York all their proceedings in relation to the dismissal of the relator from the police force of the city of New York.
1Opinion of the Court
Rumsey, J.:. The relator was a sergeant of police against whom charges were preferred in August, 1894, upon which he was tried before the police board and dismissed. He sues out this writ of certiorari to review this action of the board. In the view we have taken of this case, there lies at the very beginning of it so serious an irregularity and defect that we are required to reverse the proceedings without considering the merits, and it must be understood that our decision is made solely upon the irregularity hereafter stated, and without in any way expressing an opinion as to the…
2Cases cited2 opinions
- Matter of MooreNew York Court of Appeals · 1888
- People Ex Rel. Weston v. . McClaveNew York Court of Appeals · 1890
3Cited by2 opinions
- People Ex Rel. Jordan v. . MartinNew York Court of Appeals · 1897
- Lawson v. CorneliusNew York Supreme Court · 1962