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March 25, 2013

Employee terminated for having submitted a false application for a mortgage


Employee terminated for having submitted a false application for a mortgage
Kim v Kelly, 2013 NY Slip Op 01905, Appellate Division, First Department

The Appellate Division affirmed the termination of a New York City police officer by the Police Commissioner after the officer was found to have submitted a false mortgage application.

Finding that there was substantial evidence showing that the officer had “falsely listed a company that [the officer] did not work for as his sole source of income, and falsely listed a New Jersey address as his primary residence,” the court said there was no basis to disturb the credibility determinations of the Hearing Officer.

As to the penalty imposed, dismissal from his position, the court, citing Kelly v Safir, 96 NY2d, 32, said that termination did not shock its sense of fairness as the Commissioner "is accountable to the public for the integrity of the Department."

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_01905.htm

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