Matter of Isnora v Kelly

Matter of Isnora v Kelly 2014 NY Slip Op 03586 Decided on May 15, 2014 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 15, 2014
Sweeny, J.P., Acosta, Saxe, Manzanet-Daniels, Clark, JJ.
12311 103330/12

[*1]In re Gescard Isnora, Petitioner,

v

Raymond W. Kelly, etc., et al., Respondents.




Karasyk & Moschella, New York (Philip Karasyk of counsel),
for petitioner.
Jeffrey D. Friedlander, Acting Corporation Counsel, New York
(Kathy H. Chang of counsel), for respondents.

Determination of respondent Police Commissioner of the City of New York, dated March 23, 2012, terminating petitioner's employment as a police officer, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Peter H. Moulton, J.], entered February 8, 2013), dismissed, without costs.

Substantial evidence supports the determination that petitioner unnecessarily acted outside his role as an undercover officer and discharged his firearm in violation of department guidelines (see 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176, 180-181 [1978]).

The penalty of termination is not so disproportionate to the offense as to shock the conscience (see Matter of Kelly v Safir, 96 NY2d 32, 39 [2001]).

We have considered petitioner's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 15, 2014

CLERK