Majority
p. 613The People of the State of New York ex rel. William J. O’Brien, Appellant, v. Richard E. Enright, Police Commissioner of the City of New York, Respondent. (Argued November 21, 1922; decided December 12, 1922.)
Headnote
Police— New York city — dismissal of patrolman on charges.People ex rel. O’Brien v. Enright, 202 App. Div. 813 , affirmed.
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 22, 1922, which dismissed a writ of certiorari and confirmed a determination of the police commissioner
p. 614
of the city of New York dismissing the relator, a patrolman, from the police force of that city. The charges against the relator were, in substance, that he absented himself from his post without obtaining permission from a superior officer; failing to make entry in his memorandum book in violation of section 77 of the police regulations; that he was guilty of neglect of duty and conduct unbecoming an officer in that he failed to take proper and appropriate police action regarding the delivery of ten barrels of wine to No. 52 Mulberry street on April 3, 1920, and that he accepted $100 from the complainant as a consideration to permit the delivery of the wine and failed to make proper and accurate entries in his book of • this occurrence.
Alexander S. Drescher for appellant.
John P. O’Brien, Corporation Counsel (William B. Carswell and William R. Wilson of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.