SHOULD HE HAVE COPPED TO IT?

After an NYPD officer was terminated, following a decision by the Police Commissioner on June 29, 2023, a special proceeding -- pursuant to CPLR Article 78 -- was filed with the New York County Supreme Court and that matter was later transferred to the Appellate Division, First Department.

The AD1 was of the view that substantial evidence had been presented at the underlying hearing, confirming multiple instances of misconduct -- which included acts of physical violence toward the officer's former girlfriend, who was also the mother of his two children, destruction of her property, and a violation of an order of protection related to their communications. On one occasion, the couple’s young child was present during the violence.

The officer had also pleaded guilty to disorderly conduct, which led to court-issued orders of protection against him. Furthermore, he admitted to failing to notify the Police Department about his change of address after moving out of the former girlfriend's apartment. At the hearing, the testimony from both the former girlfriend and a responding police officer were deemed credible, while the petitioner’s testimony was not.

The Appellate Division, First Department, found that the decision to dismiss the officer was neither arbitrary nor unlawful, and the imposed penalty was appropriate given the severity of the offenses. The officer's arguments in opposition were considered but ultimately dismissed as unpersuasive, leading to the denial of his petition without costs.

Think he copped an attitude there?

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DECISION

MATTER OF T v. C.