Olsen argued that he could not be terminated from his position with the police department in view of his §207-c status and that he has an indefinite right to return to work either on a full-duty or limited duty status when able to do so.
Dismissing Olsen’s petition, Supreme Court ruled that the Suffolk County Police Department and Commissioner Richard Dormer acted within their discretion in terminating Olsen pursuant to §71 of the Civil Service Law. Further said the court, Olsen has post termination rights available to him under §71,"the most important of which is the right to reinstatement provided application for such reinstatement is made within one year of the cessation of the disability"
*** For example, the police officer is ineligible for GML §207-c benefits if he or she "ceased to be an inhabitant within the geographical restrictions" set by law as the court explained in O'Connor v Town of Clarkstown, 221 AD2d 444.
The Olsen decision is posted on the Internet at: