Majority
p. 863PEOPLE OF THE STATE Of NEW YORK ex rel. JOHN NUGENT, Resp’ts, v. THE BOARD OF POLICE COMMISSIONERS OF THE CITY OF NEW YORK, App’lts.
Headnote
Public officer—Right to recover his salary for time during which he is involuntarily disabled from rendering service.Appeal from judgment directed at circuit in a mandamus proceeding.
David J. Dean, for app’lts; Howe c6 Hummel, for resp’ts.
The questions presented by this record are the same as those which were passed upon by this court on a former appeal (The People
p. 864
ex reL. Nugent v. Police Commissioners, 27 Hun, 261 ); and the judgment should be affirmed with costs for the reasons then given in the opinion of Mr. Justice Brady.