130 N.Y.S. 597 | N.Y. Sup. Ct. | 1911
The petitioner herein asks that a peremptory writ of mandamus be ordered directing his reinstatement to the position of patrolman in the police department of the city of ISTew York, from which position he was dismissed by the then police commissioner upon the ground that he was of unsound mind, on the 22d day of September, 1910. It appears that on or about the 27th day of June, 1910, the petitioner reported sick, and on the recommendation of one of the police surgeons of said department was granted a sick leave until the 22d day of September, 1910; that subsequently, on or about the 22d day of July, 1910, the petitioner, on the certificate of two physicians, was adjudged to be insane and of unsound mind by a justice of the Supreme Court, and was committed by said justice to one of the State hospitals for the insane for custody and treatment, and that petitioner was an inmate of said State hospital at the time of his dismissal from the police force. It is alleged, however, by the petitioner that, though an inmate of said State hospital at the time of his dismissal, he was at that time of sound mind, memory and understanding, and capable of performing police duty. This allegation is denied in affidavits presented by the respondent. Section 3’00 of the charter of the city of ¡New York provides as follows: “ But no member or members of the police force, except as otherwise provided in this chapter, shall be * . * * dismissed
Motion granted.