Opinion
April 7, 1994
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
Petitioner submits no evidence sufficient to raise a triable issue of fact whether his termination was made in bad faith (see, Matter of York v McGuire, 63 N.Y.2d 760; Matter of Johnson v Katz, 68 N.Y.2d 649). The omissions in the return of which petitioner complains do not satisfy this burden (see, Matter of Cohen v Koehler, 82 N.Y.2d 882, revg 181 A.D.2d 285). Respondents' judgment that petitioner's conduct was unsuitable for a police officer and warranted the penalty of dismissal is "entitled to substantial deference" (Trotta v Ward, 77 N.Y.2d 827, 828) and does not shock one's sense of fairness. It was not error to grant petitioner a name-clearing hearing, the record showing that the circumstances of the termination were stigmatizing and rather widely disseminated. (Cf., Matter of Lentlie v Egan, 61 N.Y.2d 874. )
Concur — Carro, J.P., Wallach, Asch, Nardelli and Williams, JJ.