Delgado v. Kerik

Appellate Division of the Supreme Court of New York

Delgado v. Kerik

294 A.D.2d 227, 741 N.Y.S.2d 860, 2002 N.Y. App. Div. LEXIS 5328

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

DecidedMay 21, 2002

StatusPublished

This text of 294 A.D.2d 227 (Delgado v. Kerik) 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

Delgado v. Kerik, 294 A.D.2d 227, 741 N.Y.S.2d 860, 2002 N.Y. App. Div. LEXIS 5328 (N.Y. Ct. App. 2002).

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Opinion

—Determination of respondent Police Commissioner, dated June 12, 2000, dismissing petitioner from his position as a New York City police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Martin Shulman, J.], entered April 12, 2001), dismissed, without costs.

Respondents’ determination that petitioner associated with persons known to the department to have engaged in criminal activities and provided false and misleading statements during official interviews is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443), which included transcripts of phone conversations between petitioner and two incarcerated individuals.

Petitioner was not denied meaningful representation at the official interview where, upon the advice of counsel, he refused to provide answers to questions relating to his official duties. “[A]s a public employee, the police officer is required by virtue of his office to answer questions narrowly relating to his duties and to account for his actions” (Matter of Tanico v McGuire, 80 AD2d 297, 301).

[228]*228The penalty of dismissal is not so disproportionate to the offenses that petitioner was found to have committed as to shock our sense of fairness (see, Matter of Trotta v Ward, 77 NY2d 827). Concur—Mazzarelli, J.P., Sullivan, Ellerin, Wallach and Gonzalez, JJ.

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—Determination of respondent Police Commissioner, dated June 12, 2000, dismissing petitioner from his position as a New York City police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Martin Shulman, J.], entered April 12, 2001), dismissed, without costs.

Respondents’ determination that petitioner associated with persons known to the department to have engaged in criminal activities and provided false and misleading statements during official interviews is supported by substantial evidence (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443), which included transcripts of phone conversations between petitioner and two incarcerated individuals.

Petitioner was not denied meaningful representation at the official interview where, upon the advice of counsel, he refused to provide answers to questions relating to his official duties. “[A]s a public employee, the police officer is required by virtue of his office to answer questions narrowly relating to his duties and to account for his actions” (Matter of Tanico v McGuire, 80 AD2d 297, 301).

[228]*228The penalty of dismissal is not so disproportionate to the offenses that petitioner was found to have committed as to shock our sense of fairness (see, Matter of Trotta v Ward, 77 NY2d 827). Concur—Mazzarelli, J.P., Sullivan, Ellerin, Wallach and Gonzalez, JJ.

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Bluebook (online)

294 A.D.2d 227, 741 N.Y.S.2d 860, 2002 N.Y. App. Div. LEXIS 5328, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delgado-v-kerik-nyappdiv-2002.

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