Hyperlawhypertext legal database People ex rel. Hawthorne v. Waldo 149 N.Y.S. 1104

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People ex rel. Hawthorne v. Waldo

149 N.Y.S. 1104 Court N.Y. App. Div. Decision date 1914-11-06 English

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p. 1104
PEOPLE ex rel. HAWTHORNE v. WALDO, Police Com'r, Respondent.
(Supreme Court, Appellate Division Second Department.
November 6, 1914.)

Headnote

t'roceeding by the People of the State of New York, on the relation of George B. Hawthorne, against Rhinelander Waldo, as Police Commissioner of the City of New York.

The determination of the commissioner, removing the relator upon grounds stated in writing, and after an opportunity given him to make an explanation, was within the commissioner's powers, and in accordance with section 1543 of the City Charter (Laws 1901, c. 466). The reasons filed in the department, upon their face, are adequate to justify the relator's dismissal. Hence the reJator's removal was not reviewable by certiorari. People ex rel. Kennedy v. Brady, 166 N. Y. 44 , 59 N. E. 701 . The determination of the commissioner is therefore confirmed, and the writ quashed, with $50 costs and disbursements.

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