People ex rel. Bohen v. Purroy — 49 N.Y. St. Rep. 606

Majority

p. 606

The People ex rel. James Bohen v. Henry D. Purroy et al., Com’rs.

(Supreme Court, General Term, First Department,

Filed November 18, 1892.)

Headnote

Municipal corporations—Firemen—Removal.

The court will not interfere with the action of the board of fire commissioners of New York in dismissing a fireman after trial on written charges, where no question of want of jurisdiction or of irregular procedure is raised by the record and the evidence was conflicting.

Certiorari to review action of the Board of Fire Commissioners of the City of New York dismissing relator from the service of the fire department.

Louis J. Grant, for relator; William L. Findley, for resp’ts.

We are of the opinion that the record in this case presents no question which calls for a reversal of the judgment of the fire commissioners by this court. Written charges of misconduct and neglect of duty were preferred against the relator! He was heard in his defense, and after such hearing, upon conflicting testimony, the commissioners adjudged him guilty, and dismissed him from the service of the department. No question of want of jurisdiction or of irregular procedure is raised by the record, and with the decision of the commissioners on conflicting evidence this court cannot interfere. People v. Board of Fire-Com'rs, 100 N. Y., 85 ; People v. Same, 82 id., 358; People ex rel. Masterson v. French, 110 id., 497; 18 St. Rep., 231 . The writ must be dismissed, and the judgment of the fire commissioners-affirmed, with costs and disbursements.

Van Brunt, P. J., and O'Brien, J., concur.