ยง 138. Appeal from determination of commissioner. In case any such
officer or member is aggrieved by the determination of the commissioner
on any trial of charges, as specified in the preceding section, he may,
within thirty days after the rendering of such determination, take an
appeal therefrom on questions of law to the appellate division of the
supreme court. An appeal taken, as prescribed herein, shall be perfected
by the service of notice of appeal upon the commissioner. He shall,
within ten days thereafter, make and file with the county clerk of the
county in which the city is situated a complete return of the
proceedings on such trial. For the use of the parties and the court on
such appeal, the appellant shall cause a certified or stipulated copy of
said return to be printed and issued and all the rules and statutes
concerning the correction and service and use of a printed case on
appeal shall as far as appropriate be applicable to the correction,
service and use on appeal of said records.
Structure New York Laws
Article 9 - Department of Public Safety
130 - Commissioner of Public Safety; Appointees.
133 - Rules, Orders and Regulations.
134 - Constitution of Police and Fire Departments.
138 - Appeal From Determination of Commissioner.
142 - Powers and Duties of Members of Police Department.
144 - Political Activity Prohibited.
148 - Appeals From Orders of Health Officer.
149 - Inspection of Public Buildings.
150 - Approval of Plans for Sewers and Drains.
152 - Actions to Restrain Nuisances.
153 - Duty in Case of Peril to Public Health.
154 - Public Health Law Applicable.