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Rivera v. O'Neill

Appellate Division of the Supreme Court of the State of New York
May 27, 2021
194 A.D.3d 659 (N.Y. App. Div. 2021)

Opinion

13928 Index No. 100936/19 Case No. 2020-03311

05-27-2021

In the Matter of Christopher RIVERA, Petitioner–Appellant, v. James P. O'NEILL, as Police Commissioner of the City of New York, et al., Respondents–Respondents.

Law Office of Michael H. Joseph, PLLC, White Plains (John V. Tait of counsel), for appellant. James E. Johnson, Corporation Counsel, New York (Nwamaka Ejebe of counsel), for respondents.


Law Office of Michael H. Joseph, PLLC, White Plains (John V. Tait of counsel), for appellant.

James E. Johnson, Corporation Counsel, New York (Nwamaka Ejebe of counsel), for respondents.

Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.

Judgment, Supreme Court, New York County (Carol R. Edmead, J.), entered January 28, 2020, denying the petition to annul respondents' determination dated April 5, 2019, which terminated petitioner's employment as a New York City police officer, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner, who was on dismissal probation at the time his employment as a police officer was terminated, failed to demonstrate that respondents dismissed him to frustrate his application for Accidental Disability Retirement (ADR) benefits, i.e., in bad faith (see Matter of Cipolla v. Kelly, 26 A.D.3d 171, 812 N.Y.S.2d 462 [1st Dept. 2006] ; Matter of Lingard v. Kerik, 303 A.D.2d 286, 755 N.Y.S.2d 616 [1st Dept. 2003], lv denied 100 N.Y.2d 507, 763 N.Y.S.2d 813, 795 N.E.2d 39 [2003] ). His dismissal was recommended after ADR benefits had been denied him. Any delays in the dismissal were explained by the NYPD investigation, which took months to complete (see Lingard, 303 A.D.2d 286, 755 N.Y.S.2d 616 ). The court properly considered the documentary evidence attached to respondents' motion to dismiss (see WFB Telecom., Inc. v. NYNEX Corp., 188 A.D.2d 257, 258–259, 590 N.Y.S.2d 460 [1st Dept. 1992], lv denied 81 N.Y.2d 709, 599 N.Y.S.2d 804, 616 N.E.2d 159 [1993] ).


Summaries of

Rivera v. O'Neill

Appellate Division of the Supreme Court of the State of New York
May 27, 2021
194 A.D.3d 659 (N.Y. App. Div. 2021)
Case details for

Rivera v. O'Neill

Case Details

Full title:In the Matter of Christopher Rivera, Petitioner-Appellant, v. James P…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: May 27, 2021

Citations

194 A.D.3d 659 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 3390
144 N.Y.S.3d 570