People ex rel. Heffernan v. McClave — 29 N.Y. St. Rep. 366

Majority

p. 366

The People ex rel. Frederick Heffernan v. John McClave et al.

(Supreme Court, General Term, First Department,

Filed January 24, 1890.)

Headnote

Municipal Corporations—Police—Removal.

A decision of the commissioners of police removing an officer upon conflicting evidence cannot be interfered with by an appellate court.

J. M. Tierney, for relator; J. J. Deldny, for resp’t

The commissioners no doubt considered properly the evidence given to sustain the charge made against the relator and which involved a contradiction between him and the roundsman who reported him and who was called to sustain the charge.

The commissioners having considered the evidence and having found against the relator, we do not understand that we can interfere with it according to the rules established by the court of last resort

For these reasons the proceedings of the commissioners should be affirmed and the writ dismissed.

Yan Brunt, P. J., Brady and Daniels, JJ., concur.