New York Court of Appeals, 2001

Harp v. New York City Police Department

New York Court of Appeals · Decided July 10, 2001

96 N.Y.2d 892; 756 N.E.2d 74; 730 N.Y.S.2d 786; 2001 N.Y. LEXIS 1984

Cases that cite this one

20 later published cases cite this decision.

Harp v. City of New York (District Court, S.D. New York 2002)
Matter of Arroyo v. O'Neill (Appellate Division of the Supreme Court of New York 2019)
Vecchio v. Kelly (Appellate Division of the Supreme Court of New York 2012)
Matter of Seraphin v. Molina (Appellate Division of the Supreme Court of New York 2024)
Matter of OTR Media Group Inc. v. New York City Dept. of Bldgs. (New York Supreme Court, Kings County 2024)
Matter of Sullivan v. County of Rockland (Appellate Division of the Supreme Court of New York 2021)
Matter of Astacio v. Bratton (Appellate Division of the Supreme Court of New York 2017)
Matter of Sullivan v. County of Rockland (Appellate Division of the Supreme Court of New York 2017)
Matter of Oliver v. D'Amico (Appellate Division of the Supreme Court of New York 2017)
Matter of Kodra v. Mondelez International, Inc. (Appellate Division of the Supreme Court of New York 2016)
Broich v. Village of Southampton (Appellate Division of the Supreme Court of New York 2010)
McDougall v. Scoppetta (Appellate Division of the Supreme Court of New York 2010)
Loscuito v. Scoppetta (Appellate Division of the Supreme Court of New York 2008)
Olavarria v. Kelly (Appellate Division of the Supreme Court of New York 2007)
Willis v. Kelly (Appellate Division of the Supreme Court of New York 2006)
Losurdo v. Asbestos Free, Inc. (N.Y. 2003)
Patistas v. New York State Racing & Wagering Board (Appellate Division of the Supreme Court of New York 2003)
Kissh v. Kerik (Appellate Division of the Supreme Court of New York 2003)
Enander v. Kelly (Appellate Division of the Supreme Court of New York 2003)
Pignato v. City of Rochester (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and the petition dismissed in its entirety.

After a disciplinary hearing, the Police Commissioner found that petitioner Jeffrey Harp, an Internal Affairs officer, wrongfully made false and misleading statements while under oath at an official interview regarding his activities in connection with a matter under Internal Affairs investigation. The Appellate Division held that this determination was supported by substantial evidence. Finding the administrative penalty to be excessive, the court vacated petitioner’s dismissal and remanded for reconsideration.

*894An administrative penalty must be upheld unless it “is so disproportionate to the offense as to be shocking to one’s sense of fairness,” thus constituting an abuse of discretion as a matter of law (see, Matter of Pell v Board of Educ., 34 NY2d 222, 237; CPLR 7803 [3]). Under the circumstances of this case, it cannot be concluded that, as a matter of law, “the penalty of dismissal imposed by the Commissioner shocks the judicial conscience” (Matter of Kelly v Safir, 96 NY2d 32, 39-40; see also, Matter of Ansbro v McGuire, 49 NY2d 872, 874).

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.