Opinion
3073.
Decided May 18, 2004.
Judgment, Supreme Court, New York County (Leland DeGrasse, J.), entered October 9, 2003, which denied petitioner's application to annul respondent's determination, dated February 6, 2003, that as a result of his plea of guilty to criminal possession of a forged instrument in the third degree (Penal Law § 170.20) petitioner had forfeited his employment pursuant to New York City Charter § 1116, unanimously reversed, on the law, without costs, the petition granted to the extent of annulling and vacating respondent's determination, and the matter remanded for further proceedings.
Kennedy, Schwartz Cure, P.C., New York (Stuart Lichten of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondents.
Before: Andrias, J.P., Saxe, Sullivan, Gonzalez, JJ.
Petitioner's conviction for the criminal possession of a forged or counterfeit DEP parking placard, standing alone, without factual inquiry, does not show that petitioner perpetrated a "fraud upon the city," violated any law relating to his employment, or converted any City property to his own use within the meaning of § 1116 of the City Charter. Accordingly, his summary termination pursuant to that section is annulled and vacated ( see Matter of Duffy v. Ward, 81 N.Y.2d 127, 133-136; Matter of Maldarelli v. Doherty, A.D.3d [decided simultaneously herewith]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.