# Prestia v. Brown

> Appellate Division of the Supreme Court of the State of New York · March 9, 1993 · 191 A.D.2d 224

URL: https://www.frixlaw.com/law-library/cases/5958777

## Case

- **Full name:** In the Matter of John L. Prestia v. Lee P. Brown, as Police Commissioner of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 9, 1993
- **Citations:** 191 A.D.2d 224; 595 N.Y.S.2d 678
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 5 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/5958777

## Opinion text

—Judgment, Supreme Court, New York County (Martin Stecher, J.), entered January 8, 1992, which, inter alia, granted respondent’s cross-motion to dismiss the within petition brought pursuant to CPLR article 78 seeking petitioner’s reinstatement as a police officer, unanimously affirmed, without costs.
*225 Since petitioner’s claim that he was dismissed in bad faith rests on a misinterpretation of the stipulation placing petitioner on probation, the cross-motion to dismiss the petition was properly granted. To settle charges brought against him, petitioner agreed to be placed on Disciplinary Probation for one year, and that the Commissioner could impose punishment of dismissal during that period. Petitioner was dismissed prior to the expiration of the period of probation based upon separate charges, brought subsequent to the stipulation. Accordingly, the petition was properly dismissed. Concur — Ellerin, J. P., Wallach, Asch and Rubin, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5958777. Public record. Not legal advice.