Smith v. Kelly

Appellate Division of the Supreme Court of New York

Smith v. Kelly

117 A.D.3d 564, 987 N.Y.S.2d 16

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

DecidedMay 20, 2014

StatusPublished

This text of 117 A.D.3d 564 (Smith 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

Smith v. Kelly, 117 A.D.3d 564, 987 N.Y.S.2d 16 (N.Y. Ct. App. 2014).

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Opinion

Determination of respondents, dated February 4, 2013, which [565]*565dismissed petitioner from her position as a police officer, 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 [Alice Schlesinger, J.], entered August 7, 2013) dismissed, without costs.

Respondents’ determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]), including petitioner’s admissions that she lied to federal agents conducting a drug trafficking investigation.

The penalty of dismissal does not shock the conscience in that petitioner was found to have engaged in serious misconduct, and admitted other less serious charges committed during her short career as a police officer.

Concur—Gonzalez, EJ., Friedman, Moskowitz, Freedman and Kapnick, JJ.

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Determination of respondents, dated February 4, 2013, which [565]*565dismissed petitioner from her position as a police officer, 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 [Alice Schlesinger, J.], entered August 7, 2013) dismissed, without costs.

Respondents’ determination is supported by substantial evidence (see generally 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 181-182 [1978]), including petitioner’s admissions that she lied to federal agents conducting a drug trafficking investigation.

The penalty of dismissal does not shock the conscience in that petitioner was found to have engaged in serious misconduct, and admitted other less serious charges committed during her short career as a police officer.

Concur—Gonzalez, EJ., Friedman, Moskowitz, Freedman and Kapnick, JJ.

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Bluebook (online)

117 A.D.3d 564, 987 N.Y.S.2d 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-kelly-nyappdiv-2014.

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