
    The People ex rel. George Edwards, App’lt, v. Abraham Tappan et al., as Commissioners, Resp’ts.
    
      (New York Superior Court, General Term,
    
    
      Filed December 18, 1895.)
    
    1. Municipal corporations—Police—Dismissal.
    The dismissal of a park policeman, for leaving his post will be confirmed; though he may have had a valid excuse therefor, where no excuse or explanation is given by him why he has not complied with the rule in this particular which, in such case, made it his duty to call on, and temporarily resign his duty to, some other member of the force.
    2. Same—Appeal.
    Where the conviction rests upon sufficient evidence, the appellate court cannot reverse the proceeding for the sole reason that, in its judgment, a less severe punishment should have been inflicted.
    Certiorari to review the action of the board of park commissioners of the city of Hew York, in removing relator from the police force after trial on a charge of having been off his duty.
    Louis J. Grant, for relator;
    Francis M. Scott (Terence Farley, of counsel), for resp’ts.
   PER CURIAM.

The relator was duly tried and convicted upon a charge of having been off from his 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, he 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^ the board of commissioners must be confirmed, with $50 costs and disbursements.  