General
The People of the State of New York ex rel. George B. Hawthorne, Relator, v. Rhinelander Waldo, as Police Commissioner of the City of New York, Respondent
165 A.D. 926·New York Supreme Court, Appellate Division·1914·NY
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Opinion
The People of the State of New York ex rel. George B. Hawthorne, Relator, v. Rhinelander Waldo, as Police Commissioner of the City of New York, Respondent.
The determination of the commissioner removing the relator upon grounds stated in writing, and after an opportunity given him to make an explanation, was within the commissioner’s powers, and in accordance with section 1543 of the city charter, The reasons filed in the department, upon their face, are adequate to justify the relator’s dismissal. Hence the relator’s removal was not reviewable by certiorari, (People ex rel. Kennedy v. Brady, 166 N. Y. 44.) The determination of the commissioner is, therefore, confirmed, and the writ quashed, with fifty dollars costs and disbursements.
Laws of 1901, chap. 466, § 1543.— [Rep.
[MAJORITY]
Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.