Staton v. New York City Police Department

Appellate Division of the Supreme Court of New York

Staton v. New York City Police Department

193 A.D.2d 557, 597 N.Y.S.2d 701

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

DecidedMay 25, 1993

StatusPublished

This text of 193 A.D.2d 557 (Staton v. New York City Police Department) 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.

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Staton v. New York City Police Department, 193 A.D.2d 557, 597 N.Y.S.2d 701 (N.Y. Ct. App. 1993).

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Opinion

Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered on May 15, 1992, which dismissed the petition, brought pursuant to CPLR article 78, to annul the respondent’s determination, dated September 6, 1991, terminating petitioner as a probationary police officer, unanimously affirmed, without costs.

On April 28, 1991, petitioner, a probationary police officer, was suspended from duty based upon respondent’s finding, after an investigation, that while off duty she had pointed her service revolver at another female. Thereafter, on September 6, 1991, petitioner resigned, in order to avoid being terminated by respondent. Petitioner’s impending termination was not prompted by bad faith; to the contrary, there was substantial evidence of her unacceptable behavior (see, Matter of Soto v Koehler, 171 AD2d 567, 568, lv denied 78 NY2d 855). Concur— Carro, J. P., Rosenberger, Ellerin, Wallach and Rubin, JJ.

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Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered on May 15, 1992, which dismissed the petition, brought pursuant to CPLR article 78, to annul the respondent’s determination, dated September 6, 1991, terminating petitioner as a probationary police officer, unanimously affirmed, without costs.

On April 28, 1991, petitioner, a probationary police officer, was suspended from duty based upon respondent’s finding, after an investigation, that while off duty she had pointed her service revolver at another female. Thereafter, on September 6, 1991, petitioner resigned, in order to avoid being terminated by respondent. Petitioner’s impending termination was not prompted by bad faith; to the contrary, there was substantial evidence of her unacceptable behavior (see, Matter of Soto v Koehler, 171 AD2d 567, 568, lv denied 78 NY2d 855). Concur— Carro, J. P., Rosenberger, Ellerin, Wallach and Rubin, JJ.

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193 A.D.2d 557, 597 N.Y.S.2d 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/staton-v-new-york-city-police-department-nyappdiv-1993.

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