68 N.Y.S. 1077 | N.Y. App. Div. | 1901
On November 12, 1896, the relator was tried upon four charges. Thereafter, on December 17, 1896, he was tried upon a fifth charge, and at a meeting of the commissioners held December 21, 1896, was adjudged guilty of this charge, and dismissed from the force.', 'Subsequently, early in January, 1897, the commissioners passed resolutions finding the relator guilty of the first four charges, and again formally dismissed him. Upon the merits, affecting the right of the. commissioners to dismiss the relator, it is only necessary to state and discuss the evidence presented at the trial upon the fifth charge. That, in our opinion, being sufficient, we need not refer to the testimony given upon the trial of the other four charges, or to the arguments based upon such testimony. The two trials were quite distinct, and it in no way appears that the relator was prejudiced at the second trial by what took place at the first. On the contrary, it appears that the commissioners reached their conclusion as to the fifth charge before they had determined the issues presented as to the others. The fifth charge referred to was that the relator was absent without leave from 1:25 p. m. roll call on Wednesday, December 9, 1896, and did not report for duty until 5:30 p. m. Saturday, December 12, 1896. At the trial the relator admitted that he was absent for three days, but testified that while on his post he was taken sick and
The writ should therefore be dismissed, and the proceedings affirmed, with costs. All concur.