In the Matter of Duncan v. Kelly
| Decision Date | 15 January 2008 |
| Docket Number | No. 47 SSM 36,47 SSM 36 |
| Citation | 882 N.E.2d 872,9 N.Y.3d 1024,853 N.Y.S.2d 260 |
| Parties | In the Matter of Myron DUNCAN, Appellant, v. Raymond W. KELLY, as Police Commissioner of the City of New York, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed with costs. The certified question should not be answered upon the ground that it is unnecessary.
The Police Commissioner has the authority to discharge a probationary police officer for conduct committed while serving as a member of the force (see Administrative Code of City of N.Y. § 14-115). A probationary police officer may be discharged for "almost any reason, or for no reason at all" as long as it is not "in bad faith or for an improper or impermissible reason" (Matter of Swinton v. Safir, 93 N.Y.2d 758, 762, 763, 697 N.Y.S.2d 869, 720 N.E.2d 89 [1999]; see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987]; Matter of York v. McGuire, 63 N.Y.2d 760, 480 N.Y.S.2d 320, 469 N.E.2d 838 [1984]). We reject petitioner's argument that he was dismissed solely due to prehiring conduct; rather, in terminating petitioner, the Commissioner relied upon his posthiring conduct of giving false and misleading statements to members of the Internal Affairs Bureau.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.
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