Sunday, June 24, 2012
Foster v Kelly, 55 AD3d 403
New York City Police Department Commissioner Raymond Kelly dismissed a New York City police officer from his position after the officer was found guilty of making false and misleading statements to Department investigators and attempted to influence the testimony of a witness in an official investigation.
The Appellate Division sustained the Commissioner’s decision, holding that substantial evidence supported the finding that officer was guilty of the charges filed against him. Further, said the court, “the penalty of dismissal from employment does not shock the judicial conscience,” citing Kelly v Safir, 96 NY2d 32.
The full text of the decisions is posted on the Internet at:
Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:
The Discipline Book at http://thedisciplinebook.blogspot.com/
A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com
The Disability Benefits E-book: at http://section207.blogspot.com/
Layoff, Preferred Lists at http://nylayoff.blogspot.com/
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. 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 DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Copyright© 1987 - 2017 by the Public Employment Law Press.