Ildefonso v. Bratton

Appellate Division of the Supreme Court of New York

Ildefonso v. Bratton

238 A.D.2d 142, 655 N.Y.S.2d 507, 1997 N.Y. App. Div. LEXIS 3104

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

DecidedApril 3, 1997

StatusPublished

Cited by3 cases

This text of 238 A.D.2d 142 (Ildefonso v. Bratton) 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

Ildefonso v. Bratton, 238 A.D.2d 142, 655 N.Y.S.2d 507, 1997 N.Y. App. Div. LEXIS 3104 (N.Y. Ct. App. 1997).

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Opinion

—Determination of respondent Police Commissioner dated November 6, 1995, which dismissed petitioner from his position as a 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 [Stanley Parness, JJ, entered January 31, 1996), dismissed, without costs.

Substantial evidence supports the charge made in specification number six, that petitioner, in filing documents with the ASPCA, used a false name, badge number and precinct, and lied concerning the origin of the dog he brought there to avoid a potential unpleasantness concerning the fellow officer who owned and cared for this precinct mascot. Even if one were favorably disposed toward petitioner in connection with the other charges, the critical fact remains that petitioner lied with respect to matters of self-identification particularly important to police work and integrity. Giving the Commissioner’s determination the "great leeway” it is entitled to in matters of police discipline and punishment, "because he, and not the courts, is accountable to the public for the integrity of the Department” (Matter of Berenhaus v Ward, 70 NY2d 436, 445), the penalty of dismissal does not shock our sense of fairness. Concur— Rosenberger, J. P., Rubin, Williams and Andrias, JJ.

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—Determination of respondent Police Commissioner dated November 6, 1995, which dismissed petitioner from his position as a 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 [Stanley Parness, JJ, entered January 31, 1996), dismissed, without costs.

Substantial evidence supports the charge made in specification number six, that petitioner, in filing documents with the ASPCA, used a false name, badge number and precinct, and lied concerning the origin of the dog he brought there to avoid a potential unpleasantness concerning the fellow officer who owned and cared for this precinct mascot. Even if one were favorably disposed toward petitioner in connection with the other charges, the critical fact remains that petitioner lied with respect to matters of self-identification particularly important to police work and integrity. Giving the Commissioner’s determination the "great leeway” it is entitled to in matters of police discipline and punishment, "because he, and not the courts, is accountable to the public for the integrity of the Department” (Matter of Berenhaus v Ward, 70 NY2d 436, 445), the penalty of dismissal does not shock our sense of fairness. Concur— Rosenberger, J. P., Rubin, Williams and Andrias, JJ.

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Bluebook (online)

238 A.D.2d 142, 655 N.Y.S.2d 507, 1997 N.Y. App. Div. LEXIS 3104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ildefonso-v-bratton-nyappdiv-1997.

Opinion

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