Isnora v. Kelly

Appellate Division of the Supreme Court of New York

Isnora v. Kelly

117 A.D.3d 536, 985 N.Y.S.2d 554

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

DecidedMay 15, 2014

StatusPublished

This text of 117 A.D.3d 536 (Isnora 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

Isnora v. Kelly, 117 A.D.3d 536, 985 N.Y.S.2d 554 (N.Y. Ct. App. 2014).

Pincite

Opinion

Determination of respondent Police Commissioner of the City of New York, dated March 23, 2012, terminating petitioner’s employment 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 Supreme Court, New York County [Peter H. Moulton, J.], entered February 8, 2013), dismissed, without costs.

Substantial evidence supports the determination that petitioner unnecessarily acted outside his role as an undercover officer and discharged his firearm in violation of department guidelines (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]).

The penalty of termination is not so disproportionate to the offense as to shock the conscience (see Matter of Kelly v Safir, 96 NY2d 32, 39 [2001]).

[537]*537We have considered petitioner’s remaining contentions and find them unavailing.

Concur—Sweeny, J.P., Acosta, Saxe, Manzanet-Daniels and Clark, JJ.

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