FOUND GUILTY OF FOUR DISCIPLINARY VIOLATIONS
After he was fired from the New York City Police Department, R.C. filed an administrative appeal – pursuant to CPLR Article 78 – that was transferred by the New York County Supreme Court, to the Appellate Division, First Department.
On its review, the AD1 noted that there was “substantial evidence” in the record which supported an administrative judge’s determination that R.C. was guilty of four disciplinary charges filed against him, including “that he engaged in a physical altercation with his estranged wife, failed to request permission before leaving his residence while on sick report, and violated a protective order on multiple occasions.” R.C. was also said to have failed to identify himself as a member of the force when a “domestic incident” involving R.C. was being investigated by a responding officer.
Given that backdrop, the AD1 didn’t think R.C.’s termination was a “disproportionate” penalty and opted to dismiss his administrative challenge to the outcome. (It summarily disregarded his “due process” assertions, given that R.C. had notice of the charges, was represented by counsel, appeared at the hearing, the record contained a certified transcript of the hearing, and the hearing officer only used records that were formally entered into evidence.)
Looks like R.C. couldn’t cop it sweet there ….
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DECISION