Frome v. Gillroy

Appellate Division of the Supreme Court of New York

Frome v. Gillroy

281 A.D. 807, 118 N.Y.S.2d 626, 1953 N.Y. App. Div. LEXIS 3346

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 3, 1953

StatusPublished

This text of 281 A.D. 807 (Frome v. Gillroy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frome v. Gillroy, 281 A.D. 807, 118 N.Y.S.2d 626, 1953 N.Y. App. Div. LEXIS 3346 (N.Y. Ct. App. 1953).

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Opinion

Order unanimously reversed, with $20 costs [808]*808and disbursements to the appellants, and the proceeding dismissed. We regard this case as involving solely the jurisdiction of the commissioner of housing and buildings to hear the charges against the petitioner. We pass on no other question at this time. In our view such jurisdiction exists, even though the charge sustained against the petitioner related to misconduct while employed in another department and prior to certification for appointment in the department of housing and buildings (People ex rel. Dougan v. MeAneny, 140 App. Div. 933). The merits of the petitioner’s dismissal from service including the sufficiency of the notice cannot be reviewed on this record and in the absence of a transcript of the hearing minutes. Present — Peek, ¡P. J., Callahan, Van Voorhis and Breitel, JJ.

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Order unanimously reversed, with $20 costs [808]*808and disbursements to the appellants, and the proceeding dismissed. We regard this case as involving solely the jurisdiction of the commissioner of housing and buildings to hear the charges against the petitioner. We pass on no other question at this time. In our view such jurisdiction exists, even though the charge sustained against the petitioner related to misconduct while employed in another department and prior to certification for appointment in the department of housing and buildings (People ex rel. Dougan v. MeAneny, 140 App. Div. 933). The merits of the petitioner’s dismissal from service including the sufficiency of the notice cannot be reviewed on this record and in the absence of a transcript of the hearing minutes. Present — Peek, ¡P. J., Callahan, Van Voorhis and Breitel, JJ.

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Bluebook (online)

281 A.D. 807, 118 N.Y.S.2d 626, 1953 N.Y. App. Div. LEXIS 3346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frome-v-gillroy-nyappdiv-1953.

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