Appellate Division of the Supreme Court of New York, 2000

Costa v. Police Department

Costa v. Police Department
Appellate Division of the Supreme Court of New York · Decided November 16, 2000
277 A.D.2d 81; 715 N.Y.S.2d 65; 2000 N.Y. App. Div. LEXIS 12007
Costa v. Police Department

Opinion of the Court

—Determination of respondent Police Commissioner dated June 24, 1999, which dismissed petitioner from his position as a police officer, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Eileen Bransten, J.]), entered on or about February 29? 2000), dismissed, without costs.

*82The penalty of dismissal, based upon, among other things, petitioner’s operating an unregistered, uninspected and uninsured car with a suspended driver’s license, and stealing registration and inspection stickers from vouchered and abandoned cars to replace his own expired stickers, does not shock our sense of fairness (cf., Matter of Alfieri v Murphy, 38 NY2d 976). Concur — Sullivan, P. J., Rosenberger, Tom, Wallach and Andrias, JJ.

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