# Saporita v. Brown

> Appellate Division of the Supreme Court of the State of New York · February 27, 1992 · 180 A.D.2d 597

URL: https://www.frixlaw.com/law-library/cases/5946267

## Case

- **Full name:** In the Matter of John Saporita v. Lee Brown, as Police Commissioner of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 27, 1992
- **Citations:** 180 A.D.2d 597
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5946267

## Opinion text

Determination of the respondent Police Commissioner dated April 19, 1990, which refused to reappoint petitioner as a New York City police officer pursuant to Public Officers Law § 30 (1) (e), unanimously confirmed, the petition denied, and the proceeding (transferred to this court pursuant to CPLR 7804 [g] by order of the Supreme Court, New York County [Stanley Sklar, J.], entered December 11, 1990) is dismissed, without costs.
Although the proceeding was improperly transferred to this court, we have examined the issues raised, and conclude that petitioner’s trial admissions to an ongoing relationship with, and acceptance of a gratuity from, a tow truck operator regulated by respondent and his presence at the tow truck operator’s shop for personal reasons while on duty, justified *598 respondent’s determination not to reappoint him to the police force. Concur—Milonas, J. P., Ellerin, Ross, Asch and Kassal, JJ.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5946267. Public record. Not legal advice.