Opinion
Decided January 14, 1986
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Barry Hurowitz, J.
John M. Leventhal for appellant.
Albert C. Cosenza, Carla Lowenheim and Kenneth Howard Schiffrin for James B. Meehan, as Chief of the New York City Transit Police Department, respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division ( 112 A.D.2d 935). We add that neither petitioner's bare denial of the violent acts with which he was charged nor the other averments contained in his papers were sufficient to entitle him to a trial in the article 78 proceeding on the issue of bad faith.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE. Taking no part: Judge HANCOCK, JR.