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In re Fortner v. New York C. Dept., Corr

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 2001
280 A.D.2d 381 (N.Y. App. Div. 2001)

Opinion

February 26, 2001.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered October 19, 1999, which denied the petition brought pursuant to CPLR article 78 to annul respondent's termination of petitioner from his position as a probationary correction officer, and granted the cross-motion of respondent to dismiss the petition, and bringing up for review an order, same court and Justice, entered July 18, 2000, which,inter alia, denied petitioner's motion for renewal, unanimously affirmed, without costs.

Lawrence N. Rogak, for petitioner-appellant.

Alan Beckoff, for respondent-respondent.

Before: Rosenberger J.P., Andrias, Wallach, Lerner, Buckley, JJ.


Petitioner was properly terminated from his position as a New York City corrections officer without a hearing upon respondent's determination that he violated the terms of his limited probation as set forth in his negotiated plea agreement (see, Matter of Miller v. State Dept. of Correctional Servs., 126 A.D.2d 831, affd 69 N.Y.2d 970; Matter of Sepulveda v. Long Island State Park Recreation Commn., 123 A.D.2d 703). Petitioner adduced no evidence that his termination was effected in bad faith. Nor do we find that annulment and remittal for reconsideration of the sanction is appropriate. Petitioner's termination does not shock the judicial conscience nor does it constitute an abuse of discretion as a matter of law (Featherstone v. Franco, ___ N Y 2d ___, 2000 N Y LEXIS 3930 [Dec. 21, 2000]).

Renewal was properly denied since the purportedly new facts were available to petitioner at the time of his original application (see,Silverman v. Leucadia, Inc., 159 A.D.2d 254, 255).

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


Summaries of

In re Fortner v. New York C. Dept., Corr

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 2001
280 A.D.2d 381 (N.Y. App. Div. 2001)
Case details for

In re Fortner v. New York C. Dept., Corr

Case Details

Full title:IN RE APPLICATION OF STEVEN T. FORTNER, PETITIONER-APPELLANT, FOR A…

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

Date published: Feb 26, 2001

Citations

280 A.D.2d 381 (N.Y. App. Div. 2001)
721 N.Y.S.2d 227

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