Appellate Division of the Supreme Court of New York, 1934

Rosenberg v. O'Ryan

Rosenberg v. O'Ryan
Appellate Division of the Supreme Court of New York · Decided December 15, 1934
243 A.D. 561
Rosenberg v. O'Ryan

Opinion of the Court

Peremptory mandamus order directing the reinstatement of petitioner as a patrolwoman of the New York city police department affirmed, with costs. The police commissioner had no power, under section 354 of the Greater New York Charter, to order the retirement of petitioner, a patrolwoman, from the police force. Procedure for such purpose is found in section 1712 of the charter. Young, Hagarty, Carswell and Seudder, JJ., concur; Davis, J., dissents and votes for reversal and denial of the application, on the ground that the section invoked by the police commissioner permits removal as a matter of discipline.

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