COMMISSIONER WAS AFFORDED “GREAT LEEWAY” WITH DISCIPLINARY MATTERS
After he was fired as an NYPD officer, SS challenged the outcome via a special proceeding – pursuant to CPLR Article 78. And when the New York County Supreme Court denied his request to have the termination annulled, an appeal ensued.
On its review, the Appellate Division, First Department, was of the view that dismissal from the force for cocaine use didn't “shock the conscience” and was “not disproportionate to the misconduct” – noting that it had “upheld this penalty numerous times over the years in similar situations.”
While SS contended that the results were in doubt, and that the Police Commissioner did not consider the harmful effects a termination would have on his family, the AD1 didn’t agree – observing that there was “no reasonable dispute concerning the test results,” and when it comes to disciplinary matters, “great leeway is accorded the Police Commissioner's determination,” as the latter individual (“not the courts”) is responsible for the “integrity of the police force.”
Looks like the former officer fired his last shot there.
# # #
DECISION