In re Pirozzi v. Safir

Full title: In re Application of JOHN PIROZZI, Petitioner-Appellant, For a Judgment…

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

Date published: Mar 2, 2000

270 A.D.2d 2 (N.Y. App. Div. 2000)

703 N.Y.S.2d 185

Opinion

March 2, 2000

Order, Supreme Court, New York County (Elliott Wilk, J.), entered March 19, 1998, which denied petitioner's application pursuant toCPLR article 78 to annul respondent Police Commissioner's determination terminating him from his position as a police officer without a hearing and granted respondents' motion to dismiss the petition, unanimously affirmed, without costs.

Peter D. Coddington, for Petitioner-Appellant.

Mordecai Newman, for Respondents-Respondents.

SULLIVAN, P.J., ROSENBERGER, MAZZARELLI, ANDRIAS, JJ.

Petitioner was properly terminated from the Police Department without a hearing in light of his conviction of aggravated harassment in the second degree, a crime committed by petitioner in the line of duty and constituting a violation of his oath of office (see Public Officers Law § 30 Pub. Off.[1][e]); Duffy v. Ward, 81 N.Y.2d 127).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.