People ex rel. Flynn v. Crimmins — 16 N.Y. St. Rep. 1013

Majority

p. 1013

THE PEOPLE ex rel. PATRICK J. FLYNN v. JOHN D. CRIMMINS and Others, Commissioners, etc.

Headnote

Police department of New York city—Removal of park policeman.

Certiorari to review the decision of the commissioners in removing the relator from the park police force.

J. Cochrane, for relator; William, L. Turner, for commissioners.

The evidence against this relator is the same as was given against Henry Farley, who was one of the three officers stated to have been found by the sergeant off duty in violation of the rules of the department, and the evidence which was taken upon the trial before the commissioners, supported the charge against this relator as it did against the other.

The additional proof of the relators’ violation of the rules of the department by riding together, was of no importance or consequence in the case. It had no bearing whatever upon the charge for which the dismissal was made. Neither does it appear to have been rece ved or considered in any manner in this respect by the commissioners. It is conceded, on the part of the respondents, for the time this relator as well as the other continued to hold his official position, that his salary must be paid to him. No question, therefore, arises as to the proof which was given tending to show other misconduct than that included in the charge.

The evidence relating to it was received without objection, and appears to have had no effect whatever in the conclusion reached by the commissioners either in this or the other case. For these reasons, and those already stated, the decision should be affirmed.

Van Brunt, P. J., and Brady, J., concur.