Matter of Prestia v. Brown

Full title: In the Matter of JOHN L. PRESTIA, Appellant, v. LEE P. BROWN, as Police…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 9, 1993

191 A.D.2d 224 (N.Y. App. Div. 1993)

595 N.Y.S.2d 678

Opinion

March 9, 1993

Appeal from the Supreme Court, New York County (Martin Stecher, J.).

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.