IN RE: Maria Villar (2011)

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

IN RE: Maria Villar, etc., Petitioner, v. Raymond W. Kelly, as Police Commissioner of the City of New York, et al., Respondents.

4571

Decided: March 22, 2011

Tom, J.P., Andrias, Sweeny, Moskowitz, Renwick, JJ.

Edwin I. Schulman, Kew Gardens, for petitioner. Michael A. Cardozo, Corporation Counsel, New York (Julie Steiner of counsel), for respondents.

Determination of respondent Police Commissioner, dated April 7, 2009, dismissing petitioner from the Police Department, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Jane Solomon, J.], entered November 27, 2009) dismissed, without costs.

Respondent's determination to dismiss petitioner from the Police Department is supported by substantial evidence that petitioner wrongfully discussed and divulged official department business with a person known to the department (Matter of Purdy v. Kreisberg, 47 N.Y.2d 354 [1979] ). Given the risk to the general public arising from the passing of sensitive information about a narcotics case to another subject of the same ongoing narcotics investigation, the penalty of dismissal does not shock our sense of fairness (see Matter of Kelly v. Safir, 96 N.Y.2d 32, 38 [2001] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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