of Christopher Rivera, Petitioner–Appellant, v. James P. O'neill, as Police Commissioner of the City of New York, et al., Respondents–Respondents.  Index No. (2021)

Case No.2020–03311

Law Office of Michael H. Joseph, PLLC, White Plains (John V. Tait of counsel), for appellant.

James E. Johnson, Corporation Counsel, New York (Nwamaka Ejebe of counsel), for respondents.

Judgment, Supreme Court, New York County (Carol R. Edmead, J.), entered January 28, 2020, denying the petition to annul respondents' determination dated April 5, 2019, which terminated petitioner's employment as a New York City police officer, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner, who was on dismissal probation at the time his employment as a police officer was terminated, failed to demonstrate that respondents dismissed him to frustrate his application for Accidental Disability Retirement (ADR) benefits, i.e., in bad faith (see Matter of Cipolla v. Kelly, 26 AD3d 171 [1st Dept 2006];  Matter of Lingard v. Kerik, 303 A.D.2d 286 [1st Dept 2003], lv denied 100 N.Y.2d 507 [2003] ).  His dismissal was recommended after ADR benefits had been denied him.  Any delays in the dismissal were explained by the NYPD investigation, which took months to complete (see Lingard, 303 A.D.2d 286).  The court properly considered the documentary evidence attached to respondents' motion to dismiss (see WFB Telecom. v. NYNEX Corp., 188 A.D.2d 257, 258–259 [1st Dept 1992], lv denied 81 N.Y.2d 709 [1993] ).