From Casetext: Smarter Legal Research

Matter of McKenna v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1995
212 A.D.2d 444 (N.Y. App. Div. 1995)

Opinion

February 21, 1995

Appeal from the Supreme Court, New York County (Edith Miller, J.).


Petitioner did not meet her burden of showing bad faith (see, Matter of Soto v. Koehler, 171 A.D.2d 567, 568, lv denied 78 N.Y.2d 855). Paragraph 2 (c) of New York City Police Department Patrol Guide Procedure No. 104-1 (Regulations for Public Contact Prohibited Conduct) serves a significant State interest, does not unconstitutionally burden petitioner's rights (see, Matter of Morrisette v. Dilworth, 59 N.Y.2d 449), and is not overly broad or vague as applied to petitioner (see, Broadrick v. Oklahoma, 413 U.S. 601).

Concur — Wallach, J.P., Rubin, Ross, Asch and Mazzarelli, JJ.


Summaries of

Matter of McKenna v. Kelly

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1995
212 A.D.2d 444 (N.Y. App. Div. 1995)
Case details for

Matter of McKenna v. Kelly

Case Details

Full title:In the Matter of DOROTHY McKENNA, Appellant, v. RAYMOND W. KELLY, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 21, 1995

Citations

212 A.D.2d 444 (N.Y. App. Div. 1995)
622 N.Y.S.2d 933