Massaro v. Mercado

Judgment, Supreme Court, New York County (Lottie Wilkins, J.), entered July 15, 1999, inter alia, dismissing a CPLR article 78 proceeding challenging respondent’s determination to dismiss, without a hearing, petitioner’s administrative complaint charging the Police Department with disability discrimination in rejecting petitioner as a police officer, unanimously affirmed, without costs.

Respondent was not required to conduct a hearing simply because it had previously made a probable cause determination in petitioner’s favor. On the basis of the administrative pleadings, there was simply no…