150 N.Y. 444 | NY | 1896
The relator was the warden of the city prison in New York and was removed from that office by the defendant, the commissioner of correction, after trial, upon charges preferred against him. The Appellate Division has upon certiorari reversed the determination of the commissioner, both upon the law and the facts, and restored the relator to the office. Upon examination of the evidence and proceedings before the commissioner, and of the reasons given by the learned court below for its decision, we think there was no error committed of which the appellant has any right to complain. A careful review of the facts and the law governing the questions will show the decision to have been entirely satisfactory, and we can add nothing to the discussion of the question so thoroughly treated in the opinion. If there were *447 no other points presented here than apparently were discussed below, we would be entirely satisfied to rest our decision upon the opinion of the learned judge who spoke for the court.
But the counsel for the defendant has urged upon us with much earnestness, as grounds for reversal of the decision below, a point which evidently is presented for the first time upon this appeal. It does not seem to have been presented upon the trial before the commissioner, and so far as we can judge from this record it was not made before the Appellate Division. (
We think that the case was correctly disposed of in the court below, and that the order and judgment appealed from should be affirmed, with costs.
All concur.
Order and judgment affirmed. *450