Legal Opinion
Duncan v. Kelly
New York Court of Appeals
Decided January 15, 2008PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed with costs. The certified question should not be answered upon the ground that it is unnecessary.
*1025The Police Commissioner has the authority to discharge a probationary police officer for conduct committed while serving as a member of the force (see Administrative Code of City of NY § 14-115). A probationary police officer may be discharged for “almost any reason, or for no reason at all” as long as it is not “in bad faith or for an improper or impermissible reason” (Matter of Swinton v Safir, 93 NY2d 758,…
2Cases cited3 opinions
- Berenhaus v. WardNew York Court of Appeals · 1987
- York v. McGuireNew York Court of Appeals · 1984
- MATTER OF SWINTON v. SafirNew York Court of Appeals · 1999
3Cited by14 opinions
- Conboy v. FeltonAppellate Division of the Supreme Court of the State of New York · 2009
- Matter of Forte v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of Lake v. Town of SoutholdAppellate Division of the Supreme Court of the State of New York · 2020
- Belli v. New York City Dept. of Transp.Appellate Division of the Supreme Court of the State of New York · 2021
- Belli v. New York City Dept. of Transp.Appellate Division of the Supreme Court of the State of New York · 2021
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