Cavallaro v. Ward

Appellate Division of the Supreme Court of New York

Cavallaro v. Ward

158 A.D.2d 291, 550 N.Y.S.2d 697, 1990 N.Y. App. Div. LEXIS 1077

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

DecidedFebruary 6, 1990

StatusPublished

This text of 158 A.D.2d 291 (Cavallaro v. Ward) 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

Cavallaro v. Ward, 158 A.D.2d 291, 550 N.Y.S.2d 697, 1990 N.Y. App. Div. LEXIS 1077 (N.Y. Ct. App. 1990).

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Opinion

In reviewing the record, we find substantial evidence to support the Commissioner’s determination that petitioner was absent from his residence without prior permission, failed to report to the Health Services Division, failed to notify his command of his change of address, left the Lefrak Clinic without authorization, failed to comply with an order directing him to submit to a drug test, and failed to contact his command or Health Services’ sick desk two hours prior to his scheduled tour (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176 [1978]).

We further find that petitioner’s dismissal from the police department is fair after reviewing the total record. The charges brought against the petitioner formed a rational basis that justifies his termination from the police department (Matter of Purdy v Kreisberg, 47 NY2d 354, 360 [1979]). Concur—Murphy, P. J., Sullivan, Ross, Rosenberger and Ellerin, JJ.

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In reviewing the record, we find substantial evidence to support the Commissioner’s determination that petitioner was absent from his residence without prior permission, failed to report to the Health Services Division, failed to notify his command of his change of address, left the Lefrak Clinic without authorization, failed to comply with an order directing him to submit to a drug test, and failed to contact his command or Health Services’ sick desk two hours prior to his scheduled tour (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176 [1978]).

We further find that petitioner’s dismissal from the police department is fair after reviewing the total record. The charges brought against the petitioner formed a rational basis that justifies his termination from the police department (Matter of Purdy v Kreisberg, 47 NY2d 354, 360 [1979]). Concur—Murphy, P. J., Sullivan, Ross, Rosenberger and Ellerin, JJ.

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Bluebook (online)

158 A.D.2d 291, 550 N.Y.S.2d 697, 1990 N.Y. App. Div. LEXIS 1077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cavallaro-v-ward-nyappdiv-1990.

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