Rosenberg v. O'Ryan

Appellate Division of the Supreme Court of New York

Rosenberg v. O'Ryan

243 A.D. 561

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

DecidedDecember 15, 1934

StatusPublished

This text of 243 A.D. 561 (Rosenberg v. O'Ryan) 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

Rosenberg v. O'Ryan, 243 A.D. 561 (N.Y. Ct. App. 1934).

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Opinion

Peremptory mandamus order directing the reinstatement of petitioner as a patrolwoman of the New York city police department affirmed, with costs. The police commissioner had no power, under section 354 of the Greater New York Charter, to order the retirement of petitioner, a patrolwoman, from the police force. Procedure for such purpose is found in section 1712 of the charter. Young, Hagarty, Carswell and Seudder, JJ., concur; Davis, J., dissents and votes for reversal and denial of the application, on the ground that the section invoked by the police commissioner permits removal as a matter of discipline.

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Peremptory mandamus order directing the reinstatement of petitioner as a patrolwoman of the New York city police department affirmed, with costs. The police commissioner had no power, under section 354 of the Greater New York Charter, to order the retirement of petitioner, a patrolwoman, from the police force. Procedure for such purpose is found in section 1712 of the charter. Young, Hagarty, Carswell and Seudder, JJ., concur; Davis, J., dissents and votes for reversal and denial of the application, on the ground that the section invoked by the police commissioner permits removal as a matter of discipline.

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Bluebook (online)

243 A.D. 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-oryan-nyappdiv-1934.