ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

June 13, 2012

Individual dismissed after being found guilty of stealing from a fellow employee


Individual dismissed after being found guilty of stealing from a fellow employee
Clinkscales v Kelly, 2012 NY Slip Op 04287, Appellate Division, First Department

New York City Police Commissioner Raymond Kelly dismissed a police officer found guilty of disciplinary charges that alleged that the officer had stolen a money order from a fellow officer and deposited it in her bank account.

Holding that there was substantial evidence to support finding the officer guilty of the charges filed against her, the Appellate Division then addressed the issue of the officer’s request for an adjournment of the hearing pending the disposition of the complaining officers' related disciplinary charges.

The court ruled that the officer was not deprived of due process as her counsel agreed to the scheduled hearing date, knowing that the minutes, but not the decision, in the related matter were available. Indeed, the decision reports that the officer had a copy of the complaining officers' testimony in the related hearing.

Further, said the court, the decision in the related matter was not probative of any issue in the officer’s disciplinary proceeding.

As to the penalty imposed, dismissal, the Appellate Division said that it did not shock its sense of fairness, citing Kelly v Safir, 96 NY2d 32.

The decision is posted on the Internet at:


CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.