132 N.Y.S. 937 | N.Y. App. Div. | 1912
The relator, a policeman of the village of Ossining, was charged with intoxication when in uniform and on duty on
We think that there was too short a shift under the circumstances. The relator, served but little more than 24 hours before the hearing with notice thereof, notified the trustees that under the advice of his doctor he could not appear that evening, and expressed the hope that it would be satisfactory, which was tantamount to the request for an adjournment.No member of the board expressed any disbelief of the truth of the statement. Moreover, before the witnesses were called one of the trustees stated that he had received a telephone message from the relator’s father, Trustee- Reddy, that the relator was too ill to appear, and that a certificate of a doctor would be presented. The conduct of the board in proceeding forthwith, which was tantamount to a denial of a postponement, and the propriety of this act under the circumstances, may be considered. (People ex rel. Coughlin v. Webster, 98 App. Div. 581.) In reviewing that course we cannot consider the affidavit of the physician presented on the application for
Thomas, Carr, Woodward and Rich, JJ., concurred.
Determination annulled and proceedings remitted for a new trial before the trustees, costs to abide the event.