Siciliano v. Safir

Determination of respondent Police Commissioner dated June 2, 1997, dismissing petitioner from his position 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 the Supreme Court, New York County [Diane Lebedeff, J.], entered December 12, 1997) dismissed, without costs.

The penalty of dismissal does not shock our sense of fairness even accepting at face value, as the Hearing Officer did, petitioner’s claims that his refusal to enter the departmental counseling program, in disobedience of at…