Majority
p. 191The People ex rel. Charles McLeavy, Relator, v. Stephen B. French et al., as Police Commissioners, Resp’ts. (Supreme Court, General Term, First Department, Filed November 7, 1889.)
Headnote
Police—Removal—Decision oe commissioners as to punishment einal."Where the relator was dismissed from the police force of the city of New York by the commissioners, and it was admitted that he had been
p. 192
guilty of a neglect of duty, Held, that such commissioners, having jurisdiction of the offense, had also the power to fix the penalty, and that with the extent of the penalty this court had no power to interfere.
Writ of certiorari to review judgment of respondents dismissing relator from police force.
John M. Tierney, for relator; Edward J. Hawke, Jr., for resp’ts.
The relator was charged with neglect of duty, the specification being that he did not properly patrol his post upon a certain occasion during his tour of patrol duty.
The relator admits that he went off his post and fell asleep, and he did not awaken until the roundsman was there.
The existence of this dereliction of duty gave the respondents jurisdiction of the relator for purposes of discipline, and with the extent of the punishment inflicted we have nothing to do. The writ must be dismissed, with costs.
Barrett and Daniels, JJ., concur.