People ex rel. Dermody v. McClave — 11 N.Y.S. 304

Majority

p. 304

People ex rel. Dermody v. McClave et al., Police Commissioners.

(Supreme Court, General Term, First Department.

October 24, 1890.)

Headnote

Municipal Corporations—Removal op Police Oppicers.

Dismissal of an officer from the police force on a charge of being absent from his-post and intoxicated will be sustained on certiorari, where a preponderance of the evidence seems to substantiate the charge.

Certiorari to review the dismissal of relator, Thomas Dermody, from the-police force of the city of New Tork.

Argued before Van Brunt, P. J., and Brady and Daniels, JJ.

Louis J. Grant, for relator. John J. Delany, for respondent.

The charge against the relator was conduct unbecoming an officer, having been absent from his post and intoxicated. The evidence of the police captain and police surgeon tended to show that therelator was intoxicated, and the relator’s conversation, to which the captain testified,.

p. 305

and which the relator in no way denied or attempted to explain, materially strengthened this view. Upon the other hand, the relator and his witness gave evidence tending to show that the relator’s absence from his post, etc., was the result of illness. We cannot say that there is no evidence tending to support the finding of the respondents. Upon the contrary, the preponderance of evidence seemed to substantiate the charge. The proceedings should be affirmed, and writ dismissed, with costs. All concur.