Henthorne v. Kimball

Appellate Division of the Supreme Court of New York

Henthorne v. Kimball

255 A.D. 993, 8 N.Y.S.2d 350, 1938 N.Y. App. Div. LEXIS 6199

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

DecidedDecember 16, 1938

StatusPublished

This text of 255 A.D. 993 (Henthorne v. Kimball) 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

Henthorne v. Kimball, 255 A.D. 993, 8 N.Y.S.2d 350, 1938 N.Y. App. Div. LEXIS 6199 (N.Y. Ct. App. 1938).

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Opinion

The board of trustees of the village of Bronxville, Westchester county, on charges of insubordination and dereliction of duty, dismissed respondent as a patrolman of the police department of the village. The appeal is from an order sustaining a [994]*994certiorari order, annulling the determination and reinstating respondent. Order reversed on the law, without costs, certiorari proceeding dismissed and determination of the board of trustees reinstated and confirmed. Petitioner admits that he deliberately failed to report for police duty at night, with knowledge of his assignment, for no other reason than that by doing so he would have lost his day off. He admits also that he did this without notice to his superiors and without application for a change of assignment that would have given him his day off, although he knew of his assignment for five days before it became effective. His only contentions here are that he was not charged, tried and found guilty in accordance with section 8 of chapter 103 of the Laws of 1936, and that his offense did not warrant his dismissal. The record discloses that the statute was complied with in every respect, and the admitted offense warranted petitioner’s dismissal. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur. [168 Misc. 119.]

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The board of trustees of the village of Bronxville, Westchester county, on charges of insubordination and dereliction of duty, dismissed respondent as a patrolman of the police department of the village. The appeal is from an order sustaining a [994]*994certiorari order, annulling the determination and reinstating respondent. Order reversed on the law, without costs, certiorari proceeding dismissed and determination of the board of trustees reinstated and confirmed. Petitioner admits that he deliberately failed to report for police duty at night, with knowledge of his assignment, for no other reason than that by doing so he would have lost his day off. He admits also that he did this without notice to his superiors and without application for a change of assignment that would have given him his day off, although he knew of his assignment for five days before it became effective. His only contentions here are that he was not charged, tried and found guilty in accordance with section 8 of chapter 103 of the Laws of 1936, and that his offense did not warrant his dismissal. The record discloses that the statute was complied with in every respect, and the admitted offense warranted petitioner’s dismissal. Lazansky, P. J., Hagarty, Davis, Adel and Taylor, JJ., concur. [168 Misc. 119.]

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Bluebook (online)

255 A.D. 993, 8 N.Y.S.2d 350, 1938 N.Y. App. Div. LEXIS 6199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henthorne-v-kimball-nyappdiv-1938.

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