Mahabir v. Kelly

Appellate Division of the Supreme Court of New York

Mahabir v. Kelly

215 A.D.2d 280, 627 N.Y.S.2d 346, 1995 N.Y. App. Div. LEXIS 5513

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

DecidedMay 23, 1995

StatusPublished

Cited by2 cases

This text of 215 A.D.2d 280 (Mahabir 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

Mahabir v. Kelly, 215 A.D.2d 280, 627 N.Y.S.2d 346, 1995 N.Y. App. Div. LEXIS 5513 (N.Y. Ct. App. 1995).

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Opinion

Determination of the respondent Police Commissioner dated April 7, 1993, which dismissed petitioner from his position as a police officer, 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 [Edith Miller, J.], entered November 16, 1993), dismissed, without costs.

The testimony of respondents’ investigators and handwriting expert provides substantial evidence supporting respondents’ determination that petitioner mailed a death threat to the Governor, signing the name of a person with whom he had a recent traffic altercation and to whom he mailed a threatening letter containing a racial slur. Such conduct, if proven in court, would constitute the crime of aggravated harassment in the second degree (Penal Law § 240.30 [1]), and therefore is not subject to the 18-month limitation period of Civil Service Law § 75 (4). Petitioner’s otherwise unblemished record notwithstanding, we view the penalty of dismissal as altogether appropriate. Concur—Rosenberger, J. P., Kupferman, Asch and Tom, JJ.

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Determination of the respondent Police Commissioner dated April 7, 1993, which dismissed petitioner from his position as a police officer, 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 [Edith Miller, J.], entered November 16, 1993), dismissed, without costs.

The testimony of respondents’ investigators and handwriting expert provides substantial evidence supporting respondents’ determination that petitioner mailed a death threat to the Governor, signing the name of a person with whom he had a recent traffic altercation and to whom he mailed a threatening letter containing a racial slur. Such conduct, if proven in court, would constitute the crime of aggravated harassment in the second degree (Penal Law § 240.30 [1]), and therefore is not subject to the 18-month limitation period of Civil Service Law § 75 (4). Petitioner’s otherwise unblemished record notwithstanding, we view the penalty of dismissal as altogether appropriate. Concur—Rosenberger, J. P., Kupferman, Asch and Tom, JJ.

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Bluebook (online)

215 A.D.2d 280, 627 N.Y.S.2d 346, 1995 N.Y. App. Div. LEXIS 5513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahabir-v-kelly-nyappdiv-1995.

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