76 A.D. 171 | N.Y. App. Div. | 1902
The appellant challenges the attempted removal, first, as being ineffective to remove him from the regular police force because the office of roundsman simply is abolished; and secondly, as being ineffective to remove him because of his right to hold said position until discharged for inefficiency or misconduct and after a hearing. We have no doubt that the action of the police board operated to discharge the relator from the police force if such action was authorized. The roundsman was a member of the regular force with certain specified duties. The abolition of the office of rounds-man would not of itself operate to discharge the relator. Such action only would reduce him to the rank of a regular police officer. In addition to that, however, by the resolution he was not reduced to the rank of-a police officer, but. was in terms discharged. By this language the intent of the board was, I think, clearly expressed to discharge the relator from the regular police force.
All concurred.
Order affirmed, with ten dollars costs and disbursements.