Rivera v. Ward

Appellate Division of the Supreme Court of New York

Rivera v. Ward

155 A.D.2d 285

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

DecidedNovember 14, 1989

StatusPublished

Cited by2 cases

This text of 155 A.D.2d 285 (Rivera v. Ward) 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

Rivera v. Ward, 155 A.D.2d 285 (N.Y. Ct. App. 1989).

Pincite

Opinion

— Judgment, Supreme Court, New York County (Jacqueline Silbermann, J.), entered on August 31, 1988, dismissing the petition, unanimously affirmed, without costs.

In this CPLR article 78 proceeding, wherein petitioner, a former police officer, sought an award of back pay for the period of his suspension from the police force, from February 9, 1987 to November 6, 1987, pending a trial on departmental charges, the court below dismissed the petition, finding that the respondent Police Commissioner had properly denied the award.

Under the unambiguous provisions of Administrative Code of the City of New York § 14-123, which provide that a suspended officer is entitled to back pay only if he has "not be[en] convicted by the commissioner of the charges so preferred”, petitioner’s conviction after trial, upon his plea of guilty, of two of the three charges preferred against him barred an award of back pay for the period of his suspension (Matter of O’Keefe v Murphy, 38 NY2d 563 [1976]; Brenner v City of New York, 9 NY2d 447 [1961]). Concur — Murphy, P. J., Ross, Ellerin, Smith and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment, Supreme Court, New York County (Jacqueline Silbermann, J.), entered on August 31, 1988, dismissing the petition, unanimously affirmed, without costs.

In this CPLR article 78 proceeding, wherein petitioner, a former police officer, sought an award of back pay for the period of his suspension from the police force, from February 9, 1987 to November 6, 1987, pending a trial on departmental charges, the court below dismissed the petition, finding that the respondent Police Commissioner had properly denied the award.

Under the unambiguous provisions of Administrative Code of the City of New York § 14-123, which provide that a suspended officer is entitled to back pay only if he has "not be[en] convicted by the commissioner of the charges so preferred”, petitioner’s conviction after trial, upon his plea of guilty, of two of the three charges preferred against him barred an award of back pay for the period of his suspension (Matter of O’Keefe v Murphy, 38 NY2d 563 [1976]; Brenner v City of New York, 9 NY2d 447 [1961]). Concur — Murphy, P. J., Ross, Ellerin, Smith and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

155 A.D.2d 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-ward-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack