Matter of Vincent v. Kelly

126 A.D.3d 414, 2 N.Y.S.3d 340

Opinion

Determination of respondent Police Commissioner, dated February 8, 2013, which, insofar as challenged, approved the Hearing Officer’s findings that petitioner had engaged in misconduct, and imposed a penalty of forfeiture of 30 vacation days, a 30-day suspension, without pay, and a one-year dismissal probation period, 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 [Carol E. Huff, J.], entered Nov. 14, 2013), dismissed, without costs.

Substantial evidence supports the findings that petitioner had refused to cooperate with a Port Authority Police Department (PAPD) investigation, and that he gave vague and nonresponsive answers at a subsequent interview by respondent New York City Police Department (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 179-182 [1978]). There is no evidence that respondents sought to obtain a statement from petitioner through the PAPD; accordingly, petitioner’s argument regarding that statement is unavailing.

The imposed penalty does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]).

We have considered petitioner’s other arguments and find them unavailing.

Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Feinman, JJ.