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Matter of D'Arpe v. Brown

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1993
197 A.D.2d 455 (N.Y. App. Div. 1993)

Opinion

October 21, 1993

Appeal from the Supreme Court, New York County (Carol E. Huff, J.).


As a probationary employee of the New York City Police Department, petitioner must show that his dismissal was for a constitutionally impermissible purpose, or was in violation of statutory or decisional law (Matter of Soto v. Koehler, 171 A.D.2d 567, 568). Petitioner's assertion that he was dismissed in bad faith, without the presentment of evidence which might demonstrate the validity of his claim does not satisfy this burden. (Matter of Cortijo v. Ward, 158 A.D.2d 345.) Petitioner's mere allegations that he was discriminated against because of his ethnic heritage, do not withstand scrutiny.

Petitioner has again presented no evidence to substantiate this claim. (McDonnell Douglas Corp. v. Green, 411 U.S. 792, 803.)

Concur — Sullivan, J.P., Carro, Ellerin, Kassal and Rubin, JJ.


Summaries of

Matter of D'Arpe v. Brown

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1993
197 A.D.2d 455 (N.Y. App. Div. 1993)
Case details for

Matter of D'Arpe v. Brown

Case Details

Full title:In the Matter of RICHARD D'ARPE, Appellant, v. LEE BROWN, as Police…

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

Date published: Oct 21, 1993

Citations

197 A.D.2d 455 (N.Y. App. Div. 1993)
604 N.Y.S.2d 704

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