Legal Opinion

Lomando v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided October 24, 2006Published

1Opinion of the Court

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered September 1, 2005, which denied the petition, brought pursuant to CPLR article 78, seeking to annul respondents’ determination terminating petitioner’s employment and dismissed this proceeding, unanimously affirmed, without costs.

There was reason to terminate petitioner, a probationary employee, for making false and misleading statements to Police Department psychologists and to a ranking officer. Petitioner failed to establish that he was terminated in bad faith to frustrate his application for a disability pension (see…

2Cases cited2 opinions

  1. Averys v. KellyAppellate Division of the Supreme Court of the State of New York · 1995
  2. Lingard v. KerikAppellate Division of the Supreme Court of the State of New York · 2003

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