COULDN’T COP HOLD OF A WIN
After his position as a New York City police officer was terminated, T.R. filed a special proceeding (pursuant to CPLR Article 78) to annul that decision.
When the New York County Supreme Court denied his request, T.R. appealed and the Appellate Division, First Department, noted that pursuant to an agreement which had settled prior disciplinary charges against R.T., he could be terminated for “any reason or no reason,” unless his dismissal was in “bad faith or for an improper or impermissible reason.”
In this instance, because he was alleged to have shouted profanity at a superior officer, (when he was directed to report to the NYPD Medical Division), and disregarded a “lawful order,” the AD1 thought the termination thus had a “rational basis,” and lacked any bad faith. (R.T.’s claims that the superior officer had “ulterior motives” were found to be “speculative and conclusory.)
Seems like he copped a bad attitude there.
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DECISION