People ex rel. Muldoon v. Waldo — 215 N.Y. 635

Majority

p. 635

The People of the State of New York ex rel. Anthony F. Muldoon, Respondent, v. Rhinelander Waldo, as Police Commissioner of the City of New York, Appellant.

(Argued April 14, 1915;

decided May 11, 1915.)

Headnote

People ex rel. Muldoon v. Waldo, 166 App. Div. 936 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 15, 1915, which sustained a writ of certiorari and annulled a determination of the defendant imposing a fine upon the relator, a police sergeant. The relator was tried on charges that he, a sergeant of police, on December 28, 1912, directed a patrolman to accompany him to the dock of a steamship company for the purpose of assisting in the regulation of a line of persons formed for the purpose of having tickets stamped, thereby causing the absence of the said patrolman from his post and policing the private property of a corporation without authority from the police commissioner, and (second) that the relator absented himself from patrol duty on the

p. 636

day specified and went upon the dock of a steamship line and assisted in the regulation of a line of persons formed for the purpose of having tickets stamped, thereby policing private property of a corporation- without authority from the police commissioner and in neglect of his duty during his tour of patrol.

Frank L. Polk, Corporation Counsel (Thomas F. Magner of counsel), for appellant.

Florence J. Sullivan for respondent.

Order affirmed, with costs; no opinion.

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