MATTER OF SIMMS v. MONAGHAN


282 A.D. 733 (1953)

In the Matter of Margaret Simms, Individually and as Administratrix of The Estate of John J. Simms, Deceased, Petitioner, v. George P. Monaghan, as Police Commissioner of The City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 22, 1953.


Determination annulled on the law and the facts, without costs, the charge dismissed, and reinstatement of the intestate to said position as of the date of his said dismissal ordered.

The trial of the intestate was had in a hospital while he was seriously ill, without counsel and with no opportunity to produce character witnesses or otherwise prepare himself to meet a very grave charge. It was necessary to administer sedatives to him during the course of the trial...

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