Appellate Division of the Supreme Court of New York, 1990

Cavallaro v. Ward

Cavallaro v. Ward
Appellate Division of the Supreme Court of New York · Decided February 6, 1990
158 A.D.2d 291; 550 N.Y.S.2d 697; 1990 N.Y. App. Div. LEXIS 1077
Cavallaro v. Ward

Opinion of the Court

In reviewing the record, we find substantial evidence to support the Commissioner’s determination that petitioner was absent from his residence without prior permission, failed to report to the Health Services Division, failed to notify his command of his change of address, left the Lefrak Clinic without authorization, failed to comply with an order directing him to submit to a drug test, and failed to contact his command or Health Services’ sick desk two hours prior to his scheduled tour (300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176 [1978]).

We further find that petitioner’s dismissal from the police department is fair after reviewing the total record. The charges brought against the petitioner formed a rational basis that justifies his termination from the police department (Matter of Purdy v Kreisberg, 47 NY2d 354, 360 [1979]). Concur—Murphy, P. J., Sullivan, Ross, Rosenberger and Ellerin, JJ.

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