MATTER OF D'ARPE v. BROWN


197 A.D.2d 455 (1993)

604 N.Y.S.2d 704

In the Matter of Richard D'Arpe, Appellant, v. Lee Brown, as Police Commissioner of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 21, 1993


As a probationary employee of the New York City Police Department, petitioner must show that his dismissal was for a constitutionally impermissible purpose, or was in violation of statutory or decisional law (Matter of Soto v Koehler, 171 A.D.2d 567, 568). Petitioner's assertion that he was dismissed in bad faith, without the presentment of evidence which might demonstrate the validity of his claim does not satisfy this burden. ...

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