Majority
Determination of respondent Police Commissioner, dated May 31, 2004, dismissing petitioner from her position as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred by order of the Supreme Court, New York County [Doris Ling-Cohan, J.], entered July 5, 2005) dismissed, without costs.
The determination that petitioner, inter alia, gave evasive answers and failed promptly to identify herself as a police officer on May 13, 2000, was unfit for duty due to intoxication on December 22, 2000, made false statements during the subsequent internal investigation, and provided a forged doctor’s note was supported by substantial evidence. The Assistant Dep
While petitioner’s pursuit of her prior successful article 78 proceeding (Matter of Willis v New York City Police Dept., 214 AD2d 428 [1995]) constitutes conduct protected by the First Amendment (see Matter of Buric v Safir, 285 AD2d 255 , 265 [2002], lv dismissed 98 NY2d 688 [2002]), we do not find a viable issue as to whether such conduct was a substantial or motivating factor in the decision to bring the latest charges against petitioner, such as might warrant a hearing. Concur— Buckley, EJ., Mazzarelli, Nardelli, Catterson and Malone, JJ.
Cases cited
- Berenhaus v. Ward 70 NY2d 436 at 443 p. 358
- Harp v. New York City Police Department 96 NY2d 892 p. 358
- Buric v. Safir 285 AD2d 255 at 265 p. 358
- Buric v. Safir 98 NY2d 688 p. 358