McKenna v. Kelly

Appellate Division of the Supreme Court of New York

McKenna v. Kelly

212 A.D.2d 444, 622 N.Y.S.2d 933

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

DecidedFebruary 21, 1995

StatusPublished

This text of 212 A.D.2d 444 (McKenna 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

McKenna v. Kelly, 212 A.D.2d 444, 622 N.Y.S.2d 933 (N.Y. Ct. App. 1995).

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Opinion

—Judgment, Supreme Court, New York County (Edith Miller, J.), entered May 11, 1993, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent Police Commissioner’s determination terminating petitioner’s employment as a probationary police officer, unanimously affirmed, without costs.

Petitioner did not meet her burden of showing bad faith (see, Matter of Soto v Koehler, 171 AD2d 567, 568, lv denied 78 NY2d 855). Paragraph 2 (c) of New York City Police Department Patrol Guide Procedure No. 104-1 (Regulations for Public Contact Prohibited Conduct) serves a significant State interest, does not unconstitutionally burden petitioner’s rights (see, Matter of Morrisette v Dilworth, 59 NY2d 449), and is not overly broad or vague as applied to petitioner (see, Broadrick v Oklahoma, 413 US 601). Concur—Wallach, J. P., Rubin, Ross, Asch and Mazzarelli, JJ.

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—Judgment, Supreme Court, New York County (Edith Miller, J.), entered May 11, 1993, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent Police Commissioner’s determination terminating petitioner’s employment as a probationary police officer, unanimously affirmed, without costs.

Petitioner did not meet her burden of showing bad faith (see, Matter of Soto v Koehler, 171 AD2d 567, 568, lv denied 78 NY2d 855). Paragraph 2 (c) of New York City Police Department Patrol Guide Procedure No. 104-1 (Regulations for Public Contact Prohibited Conduct) serves a significant State interest, does not unconstitutionally burden petitioner’s rights (see, Matter of Morrisette v Dilworth, 59 NY2d 449), and is not overly broad or vague as applied to petitioner (see, Broadrick v Oklahoma, 413 US 601). Concur—Wallach, J. P., Rubin, Ross, Asch and Mazzarelli, JJ.

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212 A.D.2d 444, 622 N.Y.S.2d 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckenna-v-kelly-nyappdiv-1995.

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