IN RE: Michael Bifolco (2010)

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

IN RE: Michael Bifolco, Petitioner-Appellant, v. Raymond W. Kelly, as Police Commissioner of the City of New York, et al., Respondents-Respondents.

3904

Decided: December 16, 2010

Gonzalez, P.J., Catterson, Acosta, Richter, Abdus-Salaam, JJ.

Robert David Goodstein & Associates, New Rochelle (Robert David Goodstein of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for respondents.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered January 15, 2009, which denied petitioner's application to annul respondent Police Commissioner's determination terminating petitioner's employment as a probationary police officer, and directed entry of a judgment dismissing the proceeding, unanimously affirmed, without costs.

The record establishes that petitioner was on restricted duty from December 29, 2006 through June 18, 2007 and, therefore, his six-month disciplinary probationary term did not begin until June 19, 2007 and did not end until December 19, 2007 (see Matter of Garcia v. Bratton, 90 N.Y.2d 991, 992-993 [1997] ). Because the incidents leading to petitioner's dismissal occurred on August 3, 2007, well within the probationary period, respondents could terminate petitioner without a hearing (see Matter of York v.

McGuire, 63 N.Y.2d 760 [1984]; Matter of Witherspoon v. Horn, 19 AD3d 250, 251 [2005] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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