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Willis v. Raymond

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 2006
34 A.D.3d 357 (N.Y. App. Div. 2006)

Opinion

9590.

November 28, 2006.

Determination of respondent Police Commissioner, dated May 31, 2004, dismissing petitioner from her position as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred by order of the Supreme Court, New York County [Doris LingCohan, J.], entered July 5, 2005) dismissed, without costs.

Before: Buckley, P.J., Mazzarelli, Nardelli, Catterson and Malone, JJ.


The determination that petitioner, inter alia, gave evasive answers and failed promptly to identify herself as a police officer on May 13, 2000, was unfit for duty due to intoxication on December 22, 2000, made false statements during the subsequent internal investigation, and provided a forged doctor's note was supported by substantial evidence. The Assistant Deputy Commissioner-Trials, who heard and saw the witnesses, was in the best position to judge their credibility ( see e.g. Matter of Berenhaus v Ward, 70 NY2d 436, 443). The penalty of dismissal does not shock the conscience ( see e.g. Matter of Harp v New York City Police Dept, 96 NY2d 892).

While petitioner's pursuit of her prior successful article 78 proceeding ( Matter of Willis v New York City Police Dept, 214 AD2d 428) constitutes conduct protected by the First Amendment ( see Matter of Buric v Safir, 285 AD2d 255, 265, lv dismissed 98 NY2d 688), we do not find a viable issue as to whether such conduct was a substantial or motivating factor in the decision to bring the latest charges against petitioner, such as might warrant a hearing.


Summaries of

Willis v. Raymond

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 2006
34 A.D.3d 357 (N.Y. App. Div. 2006)
Case details for

Willis v. Raymond

Case Details

Full title:In the Matter of ANGELA WILLIS, Petitioner, v. RAYMOND KELLY, as…

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

Date published: Nov 28, 2006

Citations

34 A.D.3d 357 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8806
826 N.Y.S.2d 204