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MATTER OF CONNOLLY v. KELLY

213 A.D.2d 272 (1995)

624 N.Y.S.2d 24

In the Matter of George Connolly, Respondent-Appellant, v. Raymond Kelly, as Police Commissioner of The City of New York, et al., Appellants-Respondents

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

March 21, 1995

Under the circumstances, respondents' failure to inform petitioner, prior to his termination, that his "line-of-duty" injury was so severe that he would be unable to return to full duty status amounts to bad faith termination since petitioner was thereby effectively precluded from applying for disability retirement benefits (Matter of Bellman v McGuire, 140 A.D.2d 262). Indeed, not only does the record reflect that petitioner was...

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