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MATTER OF SICILIANO v. SAFIR

259 A.D.2d 366 (1999)

687 N.Y.S.2d 61

In the Matter of MATTHEW SICILIANO, Petitioner, v. HOWARD SAFIR, 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.

Decided March 18, 1999.

The penalty of dismissal does not shock our sense of fairness even accepting at face value, as the Hearing Officer did, petitioner's claims that his refusal to enter the departmental counseling program, in disobedience of at least four direct orders to do so within six months, was based upon his good faith reliance on his private psychiatrist's advice that such would be harmful to his mental health, and that respondent never explicitly...

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