269 A.D. 963 | N.Y. App. Div. | 1945
Determination annulled and petitioner ordered reinstated, with $50 costs and disbursements. Memorandum: In substance, the charges accused petitioner of conduct unbecoming a police officer, rendering him unfit to discharge his duties as Chief of Police of Fulton, N. Y. The City Charter of Fulton (§ 113; L. 1902, ch. 63, as amd.) required the police commissioners to prescribe rules and regulations for the government and discipline of the police department and the officers and members thereof. The Charter (§ 135) provides that charges “must be put in writing in the form required by the rules of the police department” and the commissioners must “hear, try and determine the charges, according to the rules of the police department.” Whether or not the charges were in the form required by the rules of the police department or whether they were determined according to such rules does not appear as the rules and regulations were not introduced in evidence and are not before us. Subdivision 2 of section 17 of the Charter as amended by chapter 533 of tile Laws of 1919 provides that city officers appointed for an indefinite term, aa was petitioner, can be removed only “if the charges are sustained by a