A former New York City police officer [Petitioner] appealed his dismissal from his position with the New York City Police Department [Department] after a disciplinary hearing in which the hearing officer found that Petitioner wrongfully took money in the course of a police operation, concealed his actions from his fellow officers, and then twice made false statements in the course of an investigation into the incident.
The Appellate Division unanimously confirmed the Department's decision and dismissed Plaintiff's petition. The court noted that the Department's determination that Petitioner was guilty of misconduct was supported by substantial evidence as, in addition to video evidence of the incident, Petitioner's own testimony established that he took money and pocketed it during the course of a police operation and then failed to give the money to the arresting officer at the scene.
As the arresting officer had testified that Petitioner never subsequently gave the money in question to him, the Appellate Division said that the Department "rationally concluded that [Petitioner's] actions as depicted on video, including turning away from the other officers while he pocketed the money, were inconsistent with [Petitioner's claim he was attempting] merely to safeguard the money."
In addition, the court opined that the Department also rationally concluded that Petitioner's other explanations for his actions were not credible.
Addressing Petitioner's contention that the Department was bias against him, the Appellate Division explained that this argument was unavailing "in the absence of any proof that the outcome of the proceeding flowed from the alleged bias."
The court concluded that, under the circumstances, the dismissal of Petitioner from his employment with the Department did not shock its judicial conscience, citing Matter of Kelly v Safir, 96 NY2d 32, among other decisions.
The decision is posted on the Internet at: