Matter of Brown v. Condon

Full title: In the Matter of DERRICK BROWN, Appellant, v. RICHARD CONDON, as Police…

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

Date published: Sep 17, 1992

186 A.D.2d 43 (N.Y. App. Div. 1992)

587 N.Y.S.2d 648

Opinion

September 17, 1992

Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).

Petitioner's subsequent acquittal on charges of having violated the Vehicle and Traffic Law does not satisfy his burden of establishing that he was terminated in bad faith. Petitioner left the scene of an accident and refused to take a breathalyzer test when ordered to do so by a superior officer (see, Matter of Holder v Sielaff, 184 A.D.2d 228; Thomas v City of New York, 169 A.D.2d 496; see also, Matter of Soto v Koehler, 171 A.D.2d 567, lv denied 78 N.Y.2d 855).

Concur — Rosenberger, J.P., Asch, Kassal and Rubin, JJ.