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IN RE: Police Officer Arthur LOMANDO (2006)

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

IN RE: Police Officer Arthur LOMANDO, etc., Petitioner-Appellant, v. Raymond W. KELLY, as Police Commissioner of the New York City Police Department, et al., Respondents-Respondents.

Decided: October 24, 2006

MAZZARELLI, J.P., FRIEDMAN, NARDELLI, WILLIAMS, MALONE, JJ. Worth, Longworth & London, LLP, New York (Howard B. Sterinbach of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for respondents.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered September 1, 2005, which denied the petition, brought pursuant to CPLR article 78, seeking to annul respondents' determination terminating petitioner's employment and dismissed this proceeding, unanimously affirmed, without costs.

There was reason to terminate petitioner, a probationary employee, for making false and misleading statements to Police Department psychologists and to a ranking officer.   Petitioner failed to establish that he was terminated in bad faith to frustrate his application for a disability pension (see Matter of Lingard v. Kerik, 303 A.D.2d 286, 755 N.Y.S.2d 616 [2003], lv. denied 100 N.Y.2d 507, 763 N.Y.S.2d 813, 795 N.E.2d 39 [2003];  Averys v. Kelly, 214 A.D.2d 309, 625 N.Y.S.2d 14 [1995], lv. denied 86 N.Y.2d 703, 631 N.Y.S.2d 607, 655 N.E.2d 704 [1995] ).   Respondents extensively investigated the charges of misconduct against petitioner and terminated him only after concluding that the charges were substantiated.   That petitioner was terminated after approval of his application by the Police Pension Fund Medical Board does not establish bad faith where respondents' investigation was not completed until after the Medical Board's determination.

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