Depamphilis v. Kelly

OPINION OF THE COURT

Michael D. Stallman, J.

In this CPLR article 78 proceeding, petitioner, a former veteran police officer, seeks to annul respondents’ determination that he was automatically terminated as a police officer by operation of law due to his guilty plea to the class A misdemeanor of offering a false instrument for filing in the second degree; that he was not entitled to a hearing; and that he was therefore not eligible to retire and collect his pension.

Background

Petitioner Richard Depamphilis was a member of the New York City Police Department (NYPD) for 26 years, beginning in…