← Cases

People ex rel. Mara v. Waldo

215 N.Y. 625 Court N.Y. Decision date 1915-05-04 English

Contents

Majority

p. 625
The People of the State of New York ex rel. John J. Mara, Respondent, v. Rhinelander Waldo, as Police Commissioner of the City of New York, Appellant.
(Argued April 14, 1915;
decided May 4, 1915.)

Headnote

People ex rel. Mara v. Waldo, 166 App. Div. 890 , affirmed.
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 24, 1914, which sustained a writ of certiorari and reversed the determination of the defendant dismissing the relator from the police force of the city of New York and directed, that he be reinstated. The specifica
p. 626
tions upon which the charges were based, alleged: 1. That on or about September 1, 1913, relator wrote and forwarded an official communication direct to the police commissioner, addressed “Police Commissioner Waldo,” and signed “ Patrolman,” which the commissioner received on or about September 9, 1913. 2. That relator .-violated rule 561 of the rules and regulations of the police department in that he failed to sign his rank, first name in full, middle initial, surname and shield number to the said letter, and neglected to use the official stationery therefor. 3. That he addressed and forwarded to the police commissioner the said letter, in violation of paragraph 563 of the rules aforesaid. 4. That, being questioned by the chief inspector in room 100, police headquarters, Manhattan, on September 15, 1913, as to whether he wrote the said letter, he denied that he did, etc.; which statements were false and known by relator to be false.
Frank L. Polk, Corporation Counsel (Thomas F. Magner and Frank Julian Price of counsel), for appellant,
Jacob Bouss for respondent.

Order affirmed, with costs; no opinion.

Concur: Werner, Hisoock, Chase, Collin, Hogan, Miller and Cardozo, JJ.