D'Andrea v. Kelly

Determination of respondent Police Commissioner, dated September 29, 2008, finding petitioners guilty of failing to report wrongful conduct by another member of the Police Department and imposing a forfeiture penalty of 30 vacation days, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Walter B. Tolub, J.], entered March 3, 2009) dismissed, without costs.

Substantial evidence supports the finding that petitioners, having improperly provided confidential information to a…