78 A.D. 432, People ex rel. Regan v. York

Citation:78 A.D. 432
Party Name:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES REGAN, Relator, v. BERNARD J. YORK and Others, Composing the Board of Police Commissioners of the Police Department of the City of New York, Respondents.
Court:New York Supreme Court Appelate Division, First Department
 
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78 A.D. 432

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES REGAN, Relator,

v.

BERNARD J. YORK and Others, Composing the Board of Police Commissioners of the Police Department of the City of New York, Respondents.

Supreme Court of New York, First Department.

January Term, 1903

CERTIORARI issued out of the Supreme Court and attested on the 16th day of August, 1900, directed to Bernard J. York and others, composing the board of police commissioners of the police department of the city of New York, commanding them to certify and return to the office of the clerk of the county of New York all and singular their proceedings had in dismissing the relator from the police force of the police department of the city of New York.

The relator was appointed patrolman on probation on the 2d day of April, 1889, and the appointment was made permanent on the 4th day of May, 1889. On the 19th day of September, 1899, charges against the relator were preferred by an inspector and approved and filed on the twenty-second of the same month. He was charged with conduct unbecoming an officer, and the specifications of the charges show an illegal arrest and an unwarranted assault upon the prisoner on the 1st day of June, 1899. The charges and specifications were duly served and the trial of the relator thereon was begun on the 12th day of October, 1899. The relator was dismissed on the 2d day of April, 1900, after the conclusion of the hearing on said charges. The petition for the writ was dated on the 9th day of April, 1900. The only error assigned in the petition is that there was no legal or competent evidence

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adduced to prove the guilt of the relator. The writ was allowed on the 16th day of August, 1900, and a return thereto was made in behalf of the commissioners by the president of the board on the 12th day of September, 1900. Annexed to the return in obedience to the writ was a copy of the charges (Schedule A); a copy of the notice thereof (Schedule B); a copy of the proceedings upon the trial, including the evidence, and also a statement of the relator's record while on the force (Schedule C); a copy of the order or record of removal (Schedule D), and a copy of the rules of the department relating to the duties of the members of the force and to the hearing of charges against them (Schedule E).

The return, after reciting the proceedings relating to the trial, contains the statement: 'That at the termination of the said trial or hearing, the said...

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