Smith v. Ortiz

OPINION OF THE COURT

David B. Saxe, J.

Plaintiff Peter Smith moves pursuant to CPLR 3212 for summary judgment directing his reinstatement to the position of Probationary Police Officer in the New York City Police Department and for an immediate trial on the issue of damages.

Plaintiff was dismissed from the Police Department follow*111ing a determination that he had a history of alcohol abuse which rendered him medically unqualified to perform police functions. Plaintiff originally sought relief in a CPLR article 78 proceeding in which three causes of action were asserted. The first cause challenged…