McDonald v. Bratton — 129 A.D.3d 489

Majority

p. 489

In the Matter of Denise McDonald, Petitioner, v William J. Bratton et al., Respondents.

[11 NYS3d 577]

Determination of respondents, dated November 21, 2013, dismissing 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 [Cynthia S. Kern, J.], entered Sept. 8, 2014) dismissed, without costs.

p. 490

Substantial evidence supports the determination that petitioner disobeyed a lawful order of her supervisor and engaged in conduct prejudicial to the good order, efficiency or discipline of the police department (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176 [1978]). As the Deputy Commissioner of Trials found, petitioner failed to obey two orders directing her to go out on assignment and then, by her actions, challenged and threatened her supervisor.

The penalty is not so disproportionate as to shock the conscience (see Matter of Kelly v Safir, 96 NY2d 32 [2001]). Contrary to petitioner’s apparent contention, respondents properly considered her prior disciplinary record in determining the penalty (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222 , 240 [1974]).

Concur — Mazzarelli, J.P., Sweeny, Gische and Clark, JJ.

Cases cited

300 Gramatan Avenue Associates v. State Division of Human Rights 45 NY2d 176 N.Y. 1978-07-13 p. 490
Kelly v. Safir 96 NY2d 32 N.Y. 2001-03-22 p. 490
Pell v. Board of Education 34 NY2d 222 N.Y. 1974-05-15 at 240 p. 490