Opinion

D'Arpe v. Brown

  • 197 A.D.2d 455
  • 604 N.Y.S.2d 704
  • 1993 N.Y. App. Div. LEXIS 9804
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Oct 21, 1993
Status
Published
Cited by
1 cases
Authority
More cited than 59.4%

The opinion

—Judgment, Supreme Court, New York County (Carol E. Huff, J.) entered August 3, 1992, which dismissed petitioner’s CPLR article 78 petition seeking reinstatement as a New York City police officer, unanimously affirmed, without costs.

As a probationary employee of the New York City Police Department, petitioner must show that his dismissal was for a constitutionally impermissible purpose, or was in violation of statutory or decisional law (Matter of Soto v Koehler, 171 AD2d 567, 568 ). Petitioner’s assertion that he was dismissed in bad faith, without the presentment of evidence which might demonstrate the validity of his claim does not satisfy this burden. (Matter of Cortijo v Ward, 158 AD2d 345 .) Petitioner’s mere allegations that he was discriminated against because of his ethnic heritage, do not withstand scrutiny.

Petitioner has again presented no evidence to substantiate this claim. (McDonnell Douglas Corp. v Green, 411 US 792, 803 .) Concur—Sullivan, J. P., Carro, Ellerin, Kassal and Rubin, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.