New York Court of Appeals, 2008

Duncan v. Kelly

New York Court of Appeals · Decided January 15, 2008

9 N.Y.3d 1024; 882 N.E.2d 872

Cases that cite this one

14 later published cases cite this decision.

Belli v. New York City Dept. of Transp. (Appellate Division of the Supreme Court of New York 2021)
Belli v. New York City Dept. of Transp. (Appellate Division of the Supreme Court of New York 2021)
Matter of Glinka v. State Univ. of N.Y. at Stony Brook (Appellate Division of the Supreme Court of New York 2020)
Matter of Forte v. New York City Tr. Auth. (Appellate Division of the Supreme Court of New York 2020)
Matter of Lake v. Town of Southold (Appellate Division of the Supreme Court of New York 2020)
Matter of Gagedeen v. Ponte (Appellate Division of the Supreme Court of New York 2019)
Matter of Hawkins v. Fariña (Appellate Division of the Supreme Court of New York 2019)
Matter of Wong v. Ponte (Appellate Division of the Supreme Court of New York 2019)
Matter of Childs v. Board of Educ. of the City Sch. Dist. of the City of N.Y. (Appellate Division of the Supreme Court of New York 2019)
Matter of Marshall v. Simon (Appellate Division of the Supreme Court of New York 2018)
Pannone v. Silberstein (Appellate Division of the Supreme Court of New York 2014)
Pannone v. Silberstein (Appellate Division of the Supreme Court of New York 2014)
Bruscino v. Kelly (Appellate Division of the Supreme Court of New York 2012)
Conboy v. Felton (Appellate Division of the Supreme Court of New York 2009)

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 should be affirmed with costs. The certified question should not be answered upon the ground that it is unnecessary.

*1025The Police Commissioner has the authority to discharge a probationary police officer for conduct committed while serving as a member of the force (see Administrative Code of City of NY § 14-115). A probationary police officer may be discharged for “almost any reason, or for no reason at all” as long as it is not “in bad faith or for an improper or impermissible reason” (Matter of Swinton v Safir, 93 NY2d 758, 762, 763 [1999]; see Matter of Berenhaus v Ward, 70 NY2d 436 [1987]; Matter of York v McGuire, 63 NY2d 760 [1984]). We reject petitioner’s argument that he was dismissed solely due to prehiring conduct; rather, in terminating petitioner, the Commissioner relied upon his posthiring conduct of giving false and misleading statements to members of the Internal Affairs Bureau.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.

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