MATTER OF HAMILTON v. MONAGHAN


1 N.Y.2d 877 (1956)

In the Matter of Jervey C. Hamilton, Respondent-Appellant, v. George P. Monaghan, as Police Commissioner of the City of New York, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1956.


Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for appellant-respondent.

Bruce McM. Wright, Thomas G. Weaver and Charles T. McKinney for respondent-appellant.

Concur: DESMOND, DYE, FULD and VAN VOORHIS, JJ. CONWAY, Ch. J., dissents in the following opinion in which FROESSEL, J., concurs. Taking no part: BURKE, J.


Order affirmed, upon the ground that the Appellate Division had power to direct that the facts be tried out instead of being decided on conflicting and incomplete allegations of affidavits. We pass upon no other questions. The question certified on appellant-respondent's appeal is answered in the affirmative. The question certified on respondent-appellant's appeal is answered in the negative. No opinion.

CONWAY, Ch. J. (dissenting).

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