Blake v. Kelly

Appellate Division of the Supreme Court of New York

Blake v. Kelly

308 A.D.2d 413, 764 N.Y.S.2d 450, 2003 N.Y. App. Div. LEXIS 9918

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 2003

StatusPublished

This text of 308 A.D.2d 413 (Blake v. Kelly) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blake v. Kelly, 308 A.D.2d 413, 764 N.Y.S.2d 450, 2003 N.Y. App. Div. LEXIS 9918 (N.Y. Ct. App. 2003).

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Opinion

—Order, Supreme Court, New York County (William Wetzel, J.), entered on or about February 10, 2003, which denied the petition brought pursuant to CPLR article 78 to annul respondent’s determination, dated June 24, 2002, dismissing petitioner from his employment as a probationary New York City police officer, unanimously affirmed, without costs.

The petition was properly denied since petitioner, who was on probation at the time of his summary termination, failed to demonstrate that his dismissal was in bad faith or in contravention of statutory or decisional law (see Matter of Garcia v Bratton, 90 NY2d 991, 994 [1997]; Matter of Talamo v Murphy, 38 NY2d 637, 639 [1976]). Moreover, even if petitioner had had any right to an administrative hearing and/or reinstatement, any such right was waived when, following an incident in which he ran a red light and refused to obey the lawful commands of the police officer who witnessed the infraction, he knowingly and voluntarily signed the negotiated plea agreement, which contained a comprehensive waiver of procedural rights, placing him on dismissal probation (see Montiel v Kiley, 147 AD2d 402, 404 [1989]). Concur — Nardelli, J.P., Mazzarelli, Andrias, Ellerin and Marlow, JJ.

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—Order, Supreme Court, New York County (William Wetzel, J.), entered on or about February 10, 2003, which denied the petition brought pursuant to CPLR article 78 to annul respondent’s determination, dated June 24, 2002, dismissing petitioner from his employment as a probationary New York City police officer, unanimously affirmed, without costs.

The petition was properly denied since petitioner, who was on probation at the time of his summary termination, failed to demonstrate that his dismissal was in bad faith or in contravention of statutory or decisional law (see Matter of Garcia v Bratton, 90 NY2d 991, 994 [1997]; Matter of Talamo v Murphy, 38 NY2d 637, 639 [1976]). Moreover, even if petitioner had had any right to an administrative hearing and/or reinstatement, any such right was waived when, following an incident in which he ran a red light and refused to obey the lawful commands of the police officer who witnessed the infraction, he knowingly and voluntarily signed the negotiated plea agreement, which contained a comprehensive waiver of procedural rights, placing him on dismissal probation (see Montiel v Kiley, 147 AD2d 402, 404 [1989]). Concur — Nardelli, J.P., Mazzarelli, Andrias, Ellerin and Marlow, JJ.

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Bluebook (online)

308 A.D.2d 413, 764 N.Y.S.2d 450, 2003 N.Y. App. Div. LEXIS 9918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blake-v-kelly-nyappdiv-2003.

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