People ex rel. Reardon v. Bingham — 186 N.Y. 522

Majority

p. 522

The People of the State of New York ex rel. Daniel J. Reardon, Respondent, v. Theodore A. Bingham, as Police Commissioner of the City of New York, Appellant.

(Argued October 1, 1906;

decided October 2, 1906.)

Headnote

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial depart

p. 523

ment, entered June 22, 1906, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to restore the relator to active duty on the police force of the city of New York.

The motion was made on the ground that the questions involved were academic.

Alfred E. Sander for motion.

John J. Delany, Corporation Counsel (Theodore Connoly of counsel), opposed.

Motion denied, with ten dollars costs.