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MATTER OF FOLEY v. BRATTON

92 N.Y.2d 781 (1999)

709 N.E.2d 100

686 N.Y.S.2d 359

In the Matter of Michael Foley, Appellant, v. William Bratton, as Police Commissioner of the City of New York, et al., Respondents. In the Matter of Dennis Griffin, Appellant, v. William Bratton, as Police Commissioner of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 18, 1999.

Attorney(s) appearing for the Case

London, Worth & Smirti, New York City (Peter D. Coddington of counsel), for appellants in the first and second above-entitled proceedings.

Michael D. Hess, Corporation Counsel of New York City (Paul L. Herzfeld and Francis F. Caputo of counsel), for respondents in the first above-entitled proceeding.

Michael D. Hess, Corporation Counsel of New York City (Paul L. Herzfeld and Francis F. Caputo of counsel), for respondents in the second above-entitled proceeding.

Chief Judge KAYE and Judges BELLACOSA, SMITH, CIPARICK and WESLEY concur; Judge LEVINE taking no part.

ROSENBLATT, J.

The two cases before us raise the common question of whether section 14-115 of the Administrative Code of the City of New York permits the Police Commissioner to terminate tenured police officers summarily. The appeal also addresses the interplay of that section with Public Officers Law § 30 (1) (e) and McKinney's Unconsolidated Laws of NY §...

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