Going v. Kennedy
| Decision Date | 08 January 1959 |
| Citation | 5 N.Y.2d 900,156 N.E.2d 711,183 N.Y.S.2d 81 |
| Parties | , 156 N.E.2d 711 Peter E. GOING, Appellant, v. Stephen P. KENNEDY, as Police Commissioner of the City of New York et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 5 A.D.2d 173, 170 N.Y.S.2d 234.
Proceeding in the matter of the application of petitioner under the Civil Practice Act, § 1283 et seq., for an order directed to the Police Commissioner of the City of New York, the former Police Commissioner, and the Comptroller of the city of New York vacating determination dismissing petitioner from his position as probationary patrolman.
The Supreme Court, Trial Term, New York County, Sidney A. Fine, J., 3 Misc.2d 922, 156 N.Y.S.2d 76, entered an order annulling the determination, and the Police Commissioner, the former Police Commissioner, and the Comptroller appealed.
The Appellate Division, Bastow, J., 5 A.D.2d 173, 170 N.Y.S.2d 234, reversed the order, dismissed the proceeding, and held that Police Commissioner had power at expiration of probationary period to terminate services of probationary patrolman, who was found to be an unsatisfactory employee because of his physical condition at the end of the probationary period.
The petitioner appealed to the Court of Appeals, and motion was made in the Court of Appeals to have the appeal heard on the original record.
The Court of Appeals, 4 N.Y.2d 872, 174 N.Y.S.2d 240, 150 N.E.2d 710, denied motion to have appeal heard on the original record without prejudice to a renewal thereof on a proper and further showing as to petitioner's financial status.
On renewal of the motion, the Court of Appeals, 4 N.Y.2d 905, 174 N.Y.S.2d 655, granted the motion.
The petitioner contended in the Court of Appeals that where he was appointed a probationary patrolman on February 1, 1955, and his probationary period expired on July 31, 1955, and notice of dismissal was not served on him until August 1, 1955, at about 11 P.M., his summary dismissal without charges, and without a hearing, was illegal as a matter of law, and since it was conceded that petitioner was not removed because of unsatisfactory service as a patrolman, his dismissal was improper, and that since the Civil Service Commission did not revoke petitioner's certificate of eligibility, his summary dismissal by the Police Commissioner was illegal, and that under city charter, termination of petitioner's probationary appointment for alleged...
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