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In re Application of Morgan v. Safir

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 2001
281 A.D.2d 376 (N.Y. App. Div. 2001)

Opinion

March 29, 2001.

Order, Supreme Court, New York County (Walter Tolub, J.), entered February 8, 2000, which, in a proceeding to annul respondent's determination terminating petitioner's employment as a probationary police officer, granted respondent's motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.

Jerold E. Levine, for petitioner-appellant.

Jane L. Gordon, for respondent-respondent.

Before: Rosenberger, J.P., Williams, Andrias, Wallach, Saxe, JJ.


The petition, which admits that petitioner failed to correct his report of the loss of his shield and identification badge after learning that it was incorrect, on its face indicates legitimate reasons for questioning petitioner's honesty and candor, and thus was properly dismissed as insufficient to show that petitioner's termination was in bad faith (see, Matter of Johnson v. Katz, 68 N.Y.2d 649). The effect of these admissions of good faith is not negated by petitioner's other allegations purporting to show bad faith (see, Matter Medina v. Sielaff, 182 A.D.2d 424, 427-428).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Application of Morgan v. Safir

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 2001
281 A.D.2d 376 (N.Y. App. Div. 2001)
Case details for

In re Application of Morgan v. Safir

Case Details

Full title:IN RE APPLICATION OF LEALAND A. MORGAN, PETITIONER-APPELLANT, FOR A…

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

Date published: Mar 29, 2001

Citations

281 A.D.2d 376 (N.Y. App. Div. 2001)
722 N.Y.S.2d 542

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