In re Fay
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Patrick Fay, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of November, 1902, denying his application for a peremptory writ of mandamus compelling the police commissioner of the city of New York to reinstate the relator as a detective sergeant and to-retire him on a pension of $1,000 per annum.
1Dissent
Laughlin, J. (dissenting):
I dissent from the prevailing opinion and think the petitioner should be reinstated as a detective sergeant. The amendment to section 290 of the charter made by chapter 466 of the Laws of 1901 was declared unconstitutional by this court (People ex rel. Lahey v. Partridge, 74 App. Div. 291) in so far as it provided that patrolmen acting as detective sergeants under detail on the 1st day of April, 1901, nearly a year prior to the time the act took effect, should he and become detective sergeants, even though prior to the time the act took effect their detail as…
2Cases cited1 opinion
- People ex rel. Lahey v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1902