Ranalli v. Safir

Appellate Division of the Supreme Court of New York

Ranalli v. Safir

250 A.D.2d 507, 672 N.Y.S.2d 872, 1998 N.Y. App. Div. LEXIS 5862

Appellate Division of the Supreme Court of the State of New York·Decided May 21, 1998·Published

Opinion

—Determination of respondent Police Commissioner effective September 9, 1996, dismissing petitioner from his position as a police officer, and determination of respondent Board of Trustees, denying petitioner’s application for disability retirement on the ground of his earlier dismissal as a police officer, unanimously confirmed, the peti[508] tion denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Charles Ramos, JJ, entered June 9, 1997) dismissed, without costs.

The Police Commissioner’s determination that petitioner engaged in prohibited off-duty employment while on sick report, possessed a blackjack, had unauthorized ammunition in his firearm, and attempted to facilitate the sale of steroids is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180). The penalty of dismissal, based on misconduct that occurred when petitioner had been a police officer for only two years, and consequent loss of pension rights, does not shock our sense of fairness (compare, Matter of Ivory v City of N. Y., Dept. of Envtl. Protection, 125 AD2d 217, lv denied 70 NY2d 602). Concur— Rosenberger, J. P., Wallach, Tom and Saxe, JJ.

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—Determination of respondent Police Commissioner effective September 9, 1996, dismissing petitioner from his position as a police officer, and determination of respondent Board of Trustees, denying petitioner’s application for disability retirement on the ground of his earlier dismissal as a police officer, unanimously confirmed, the peti[508] tion denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Charles Ramos, JJ, entered June 9, 1997) dismissed, without costs.

The Police Commissioner’s determination that petitioner engaged in prohibited off-duty employment while on sick report, possessed a blackjack, had unauthorized ammunition in his firearm, and attempted to facilitate the sale of steroids is supported by substantial evidence (see, 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176, 180). The penalty of dismissal, based on misconduct that occurred when petitioner had been a police officer for only two years, and consequent loss of pension rights, does not shock our sense of fairness (compare, Matter of Ivory v City of N. Y., Dept. of Envtl. Protection, 125 AD2d 217, lv denied 70 NY2d 602). Concur— Rosenberger, J. P., Wallach, Tom and Saxe, JJ.

Ranalli v. Safir, 250 A.D.2d 507, 672 N.Y.S.2d 872, 1998 N.Y. App. Div. LEXIS 5862 (N.Y. Ct. App. 1998).

Pincite

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Opinion

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