IN RE: Application of Lisa KING (1999)

Judgment, Supreme Court, New York County (Emily Goodman, J.), entered January 9, 1998, which denied petitioner's motion to renew her prior application pursuant to CPLR article 78 to annul respondents' determination discharging her from her position as a police officer in the New York City Police Department, unanimously affirmed, without costs.

The IAS court properly denied renewal in the absence of an acceptable excuse for petitioner's failure to produce the documents she would now rely upon when her application was first considered (see, Rubinstein v. Goldman, 225 A.D.2d 328, 328-329, 638 N.Y.S.2d 469, lv. denied 88 N.Y.2d 815, 651 N.Y.S.2d 16, 673 N.E.2d 1243).   In any event, none of the belatedly produced material would warrant revision of the court's determinative findings that petitioner had been discharged while she was still on probation and that she had not established that her dismissal was made in bad faith (see, Averys v. Kelly, 214 A.D.2d 309, 625 N.Y.S.2d 14, lv. denied 86 N.Y.2d 703, 631 N.Y.S.2d 607, 655 N.E.2d 704;  Matter of Brennan v. Ward, 134 A.D.2d 194, 520 N.Y.S.2d 781).

MEMORANDUM DECISION.