# D'Arpe v. Brown

> Appellate Division of the Supreme Court of the State of New York · October 21, 1993 · 197 A.D.2d 455

URL: https://www.frixlaw.com/law-library/cases/5965789

## Case

- **Full name:** In the Matter of Richard D'Arpe 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:** October 21, 1993
- **Citations:** 197 A.D.2d 455; 604 N.Y.S.2d 704; 1993 N.Y. App. Div. LEXIS 9804
- **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/5965789

## Opinion text

—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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5965789. Public record. Not legal advice.