From Casetext: Smarter Legal Research

Matter of Smith v. Stephan

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1936
248 App. Div. 666 (N.Y. App. Div. 1936)

Opinion

May, 1936.

Present — Sears, P.J., Taylor, Thompson, Crosby and Lewis, JJ.


Order modified by striking out the provision for payment of compensation and as modified affirmed, without costs. Memorandum: We strike from the order that paragraph which directs "that the petitioner receive his compensation or salary as police officer, patrolman grade of the Village of Lancaster, from the date of his removal, less the amount of compensation received by him from any other employment or occupation since that date." ( Matter of Mullane v. McKenzie, 269 N.Y. 369.) We do not deem the provisions of section 188-f of the Village Law broad enough legally to justify an award to the petitioner to compensate him for loss of pay since April 22, 1935. All concur. (The order directs reinstatement of petitioner as police officer.)


Summaries of

Matter of Smith v. Stephan

Appellate Division of the Supreme Court of New York, Fourth Department
May 1, 1936
248 App. Div. 666 (N.Y. App. Div. 1936)
Case details for

Matter of Smith v. Stephan

Case Details

Full title:In the Matter of the Application of ANDREW J. SMITH, Respondent, for a…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 1, 1936

Citations

248 App. Div. 666 (N.Y. App. Div. 1936)