Salas v. New York City Police Department
Opinion of the Court
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered March 6, 2008, which, in a CPLR article 78 proceeding by a former police officer challenging respondent Police Department’s determination denying petitioner’s request for reinstatement, granted respondent’s cross motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.
Petitioner alleges that he resigned as a New York City police officer on the eve of a departmental hearing involving charges that he refused to obey an order to make an arrest of a sleeping homeless person, and that the denial of reinstatement was arbitrary and capricious because the arrest would have been unlawful, he was not given proper notice or time to prepare for the hearing, and, contrary to representations made in respondent’s acknowledgment of receipt of his request for reinstatement, an investigation of his job performance and postresignation activities was not conducted and he was not given an opportunity to undergo medical and psychological tests. These allegations show a rational basis for the determination not to reinstate (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 230-231 [1974]), namely, a resignation in the face of departmental charges. The appropriate forum for petitioner’s challenge to the lawfulness of the arrest
Case-law data current through December 31, 2025. Source: CourtListener bulk data.