People ex rel. Dermody v. McClave — 33 N.Y. St. Rep. 833

Majority

p. 833

The People ex rel. Thomas Dermody v. John McClave et al., Police Com’rs.

(Supreme Court, General Term, First Department,

Filed October 24,1890.)

Headnote

Municipal corporations—Police—Removal.

Tlie charges as to relator’s absence from post and intoxication were supported by the testimony of the police captain and police surgeon. Relator and his witness testified that the absence was caused by illness. Held, that the findings would not be disturbed.

Certiorari to review relator’s dismissal from the police force.

Louis J. Grant, for relator; John J. Delany, for resp’t.

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 the relator was intoxicated, and the relator’s conversation to which the captain testified, 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 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.

Brady and Daniels, JJ., concur.