What is the current state of the law regarding the dismissal of a member of the department of fire and buildings for gross misconduct?

"New York", United States of America

The following excerpt is from People ex rel. Peck v. Comm'rs of Dep't of Fire, 106 N.Y. 64, 12 N.E. 641 (N.Y. 1887):

Since writing the above, the learned counsel for the respondents has submitted an additional brief, in which he makes for the first time the point that there was no provision of law at the time of the removal of the relator which prohibited the dismissal of any member of the department of fire and buildings, whatever his position; and he claims that the point was not decided in the case of People v. Commissioners because it was not there made, and that it was there assumed [106 N.Y. 68]after convictions. We think it clear that the point is not well taken.

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