85 N.Y.S. 866 | N.Y. App. Div. | 1903
First Deputy Commissioner Fred. H. E. Ebstein of the police department of the city of New York, on the 2d day of February, 1903, filed written charges against the relator, alleging (1) neglect of duty, and (2) conduct unbecoming an officer. The relator had been a member of the police force for a period of about twenty-one years, and for two years a captain of police in charge of the Seventy-first precinct, and so far as the record before us discloses, he had never been charged with any violation of police rules or regulations, or with any conduct unbecoming his office during all of those years. The charges were based upon twenty-three, specifications, the first nineteen of which alleged that the relator had violated paragraph E of rule 5 of the police department by failing to record in his own handwriting certain entries in the blotter of the. Seventy-first precinct, of which he was in charge; but did permit or procure some person other than himself to make the entries. The next three specifications allege that the relator violated paragraph R of rule 48 of the department in making or permitting to be. made erasures in the blotter of the Seventy-first precinct, of which he was in charge; and the last specification, as to which the relator is found not guilty, alleges matters in relation to the condition of a buggy and harness belonging to the department, but it does not appear to be necessary to consider this feature. Upon the trial the-relator was found guilty .of the charges under the first and second groups of specifications, and an order dismissing him from the force was entered. The 'relator urges that the conviction is not sustained by the evidence, and that the same should be reversed, and he be reinstated in his position in the department.
The remaining specifications relate to the entries in the blotter which are alleged not to have been made in the handwriting of the relator as required by the provisions of paragraph E of rule 5 of the department. This provision of the rules and regulations says: "The captain is at all times in command when in the station house, except when he has retired for rest; before doing which he will enter on the blotter, in his own handwriting, Capt.-, in
Goodrich, P. J., and Hirschbbrg, J., concurred; Bartlett and Jenks, JJ., concurred in result.
Determination annulled, with costs.