IN RE: Application of Lealand A. MORGAN

Reset A A Font size: Print

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

IN RE: Application of Lealand A. MORGAN, Petitioner-Appellant, For a Judgment, etc., v. Howard SAFIR, etc., Respondent-Respondent.

Decided: March 29, 2001

ROSENBERGER, J.P., WILLIAMS, ANDRIAS, WALLACH and SAXE, JJ. Jerold E. Levine, for Petitioner-Appellant. Jane L. Gordon, for Respondent-Respondent.

Order, Supreme Court, New York County (Walter Tolub, J.), entered February 8, 2000, which, in a proceeding to annul respondent's determination terminating petitioner's employment as a probationary police officer, granted respondent's motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, without costs.

The petition, which admits that petitioner failed to correct his report of the loss of his shield and identification badge after learning that it was incorrect, on its face indicates legitimate reasons for questioning petitioner's honesty and candor, and thus was properly dismissed as insufficient to show that petitioner's termination was in bad faith (see, Matter of Johnson v. Katz, 68 N.Y.2d 649, 505 N.Y.S.2d 64, 496 N.E.2d 223).   The effect of these admissions of good faith is not negated by petitioner's other allegations purporting to show bad faith (see, Matter Medina v. Sielaff, 182 A.D.2d 424, 427-428, 582 N.Y.S.2d 685).