Matter of Bedford v Kelly

Matter of Bedford v Kelly 2008 NY Slip Op 08272 [55 AD3d 506] October 30, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 10, 2008

In the Matter of Tinel Bedford, Petitioner,
v
Raymond W. Kelly, as Police Commissioner of the City of New York, et al., Respondents.

—[*1] Quinn & Mellea, LLP, White Plains (Andrew C. Quinn of counsel), for petitioner.

Michael A. Cardozo, Corporation Counsel, New York (Ann E. Scherzer of counsel), for respondents.

Determination of respondent Commissioner, dated September 15, 2006, which, after a hearing, imposed one year of probationary dismissal, suspension for 30 days and forfeiture of 30 vacation days, unanimously confirmed, the petition denied and this proceeding (transferred to this Court by order of the Supreme Court, New York County [Walter B. Tolub, J.], entered August 1, 2007) dismissed, without costs.

Substantial evidence supports the finding that petitioner engaged in conduct prejudicial to the good order, efficiency and discipline of the Police Department, utilized its computers for a non-Department or unauthorized use, and failed to supervise properly the conduct of members of the service subordinate to him. The penalty imposed does not shock our sense of fairness (see Matter of Kelly v Safir, 96 NY2d 32, 39-40 [2001]). Concur—Tom, J.P., Nardelli, Sweeny, McGuire and DeGrasse, JJ.