Duncan v. Kelly

in a memorandum as follows: Because I believe the court below ignored precedent and allowed the Police Commissioner and the New York City Police Department (hereinafter referred to as NYPD) to circumvent Civil Service Law § 50 (4), I must respectfully dissent. In upholding the *299NYPD’s determination to terminate petitioner as a probationary police officer on the grounds that he made false statements about a preemployment incident, the court’s decision was in direct contravention to our rulings in Matter of Umlauf v Safir (286 AD2d 267 [1st Dept 2001]) and Borges v McGuire (107 AD2d 492 [1st…