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People ex rel. Gilmartin v. Davids

179 A.D. 939 Court N.Y. App. Div. English

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Majority

p. 939
The People of the State of New York ex rel. Andrew J. Gilmartin, Relator, v. George W. Davids and Others, as Board of Police Commissioners of the City of Poughkeepsie, Respondents.

Headnote

Writ sustained, determination annulled, proceedings dismissed and relator reinstated, with fifty dollars costs and disbursements, on the ground that the relator was not tried on written charges served upon him as required by the charter of the city of Poughkeepsie,[1] and on the further ground that the charge against him read on the trial was so general as not to apprise the accused of the
p. 940
acts alleged against Mm. All without prejudice, however, to a proceeding de novo regularly brought as prescribed by charter.

Jenks, P. J., Thomas, Mills, Putnam and Blackmar, JJ., concurred.