Velez v. Bratton

Judgment, Supreme Court, New York County (Stephen Crane, J.), entered July 25, 1996, which, in a proceeding pursuant to CPLR article 78 challenging respondents’ discharge of petitioner as a probationary police officer, granted respondents’ motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.

The petition was properly dismissed without a hearing on the ground that the determination of the State Department of Labor that petitioner did not commit misconduct disentitling him to unemployment insurance benefits has no collateral estoppel effect,…