
    The People ex rel. George Edwards v. Abraham Tappen et al., Park Commissioners.
    (New York Superior Court—General Term,
    December, 1895.)
    . Police—Removal.
    Where the determination of police commissioners removing an officer rests upon sufficient evidence, it cannot be reversed for the sole-reason that in the judgment of the court a less severe punishment ■ should have been inflicted...
    Certiorari to review the action of the commissioners-of the park department in removing the relator from office as a member of the police force , of the park department after trial upon a charge- of having been off post.
    
      Louis J. Grant, for relator.
    
      Francis M. Scott (Terence Farley, of counsel), for respondents.
   Per Curiam.

The relator was duly tried and .convicted upon a charge of having been off from bis post, and thereupon dismissed from' the police force of the park department.Upon his trial he admitted that, when found by his superior officer, he was four blocks away from his post, but claimed that he had left his post to attend a call of nature. , There was some evidence which cast doubt upon the sincerity of the claim, but, assuming the truth of the relator’s statement, lie was still guilty of a violation of the rule of the department which in such a case made it his duty to call on and temporarily resign his duty to some other member of the force. No excuse or explanation was given by him why he had not complied with the rule in this particular. The conviction, therefore, rests upon sufficient evidence, and, that being so, we cannot reverse the proceeding for the sole reason that in our judgment a less severe punishment should have been inflicted.

The determination of the board' of commissioners must be confirmed, with fifty dollars costs and disbursements.

Present: Freedman, MoAdam and Gilders leeve, JJ.

-Determination of commissioners confirmed, with fifty dollars costs and disbursements.  