IN RE: Application of John PIROZZI (2000)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of John PIROZZI, Petitioner-Appellant, For a Judgment, etc., v. Howard SAFIR, etc., et al., Respondents-Respondents.

Decided: March 02, 2000

SULLIVAN, P.J., ROSENBERGER, MAZZARELLI and ANDRIAS, JJ.

Peter D. Coddington, for Petitioner-Appellant. Mordecai Newman, for Respondents-Respondents.

Order, Supreme Court, New York County (Elliott Wilk, J.), entered March 19, 1998, which denied petitioner's application pursuant to CPLR article 78 to annul respondent Police Commissioner's determination terminating him from his position as a police officer without a hearing and granted respondents' motion to dismiss the petition, unanimously affirmed, without costs.

Petitioner was properly terminated from the Police Department without a hearing in light of his conviction of aggravated harassment in the second degree, a crime committed by petitioner in the line of duty and constituting a violation of his oath of office (see Public Officers Law § 30[1][e]; Duffy v. Ward, 81 N.Y.2d 127, 596 N.Y.S.2d 746, 612 N.E.2d 1213).

MEMORANDUM DECISION.

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