Loeffel v. Kelly

Appellate Division of the Supreme Court of New York

Loeffel v. Kelly

214 A.D.2d 431, 625 N.Y.S.2d 39, 1995 N.Y. App. Div. LEXIS 4362

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

DecidedApril 18, 1995

StatusPublished

This text of 214 A.D.2d 431 (Loeffel 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

Loeffel v. Kelly, 214 A.D.2d 431, 625 N.Y.S.2d 39, 1995 N.Y. App. Div. LEXIS 4362 (N.Y. Ct. App. 1995).

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Opinion

Determination of the respondent Police Commissioner dated April 7, 1993, finding petitioner guilty of conduct unbecoming of a police officer, and penalizing him the 30 days he spent on suspension prior to the disciplinary hearing, is 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 [Phyllis Gangel-Jacob, J.], entered January 20, 1994) dismissed, without costs.

[432]*432Respondent’s determination that petitioner committed misconduct by obstructing traffic on the Brooklyn Bridge while he was off duty and participating in a Patrolmen’s Benevolent Association demonstration was properly based on petitioner’s violation of New York City Department of Transportation Traffic Rules and Regulations (34 RCNY) § 4-12 (o) (1) and § 4-07 (i), which prohibit the use of certain roadways, including the Brooklyn Bridge, by pedestrians unless signs permit such use. We have considered petitioner’s other arguments and find them to be without merit. Concur—Sullivan, J. P., Rosenberger, Wallach, Kupferman and Nardelli, JJ.

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Determination of the respondent Police Commissioner dated April 7, 1993, finding petitioner guilty of conduct unbecoming of a police officer, and penalizing him the 30 days he spent on suspension prior to the disciplinary hearing, is 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 [Phyllis Gangel-Jacob, J.], entered January 20, 1994) dismissed, without costs.

[432]*432Respondent’s determination that petitioner committed misconduct by obstructing traffic on the Brooklyn Bridge while he was off duty and participating in a Patrolmen’s Benevolent Association demonstration was properly based on petitioner’s violation of New York City Department of Transportation Traffic Rules and Regulations (34 RCNY) § 4-12 (o) (1) and § 4-07 (i), which prohibit the use of certain roadways, including the Brooklyn Bridge, by pedestrians unless signs permit such use. We have considered petitioner’s other arguments and find them to be without merit. Concur—Sullivan, J. P., Rosenberger, Wallach, Kupferman and Nardelli, JJ.

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Bluebook (online)

214 A.D.2d 431, 625 N.Y.S.2d 39, 1995 N.Y. App. Div. LEXIS 4362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loeffel-v-kelly-nyappdiv-1995.