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MATTER OF PRESTIA v. BROWN

191 A.D.2d 224 (1993)

595 N.Y.S.2d 678

In the Matter of John L. Prestia, Appellant, v. Lee P. 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.

March 9, 1993

Since petitioner's claim that he was dismissed in bad faith rests on a misinterpretation of the stipulation placing petitioner on probation, the cross-motion to dismiss the petition was properly granted. To settle charges brought against him, petitioner agreed to be placed on Disciplinary Probation for one year, and that the Commissioner could impose punishment of dismissal during that period. Petitioner was dismissed prior to the...

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