Brown v. Condon

Order and judgment (one paper), Supreme Court, New York County (Beverly S. Cohen, J.), entered August 6, 1991, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent Commissioner’s termination of petitioner’s probationary employment, unanimously affirmed, without costs.

Petitioner’s subsequent acquittal on charges of having violated the Vehicle and Traffic Law does not satisfy his burden of establishing that he was terminated in bad faith. Petitioner left the scene of an accident and refused to take a breathalyzer test when ordered to do so by a superior officer…