MATTER OF CASTRO v. SAFIR


291 A.D.2d 212 (2002)

737 N.Y.S.2d 82

In the Matter of ANTONIO CASTRO, Appellant, 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 February 5, 2002.


The fact that petitioner was terminated after the Medical Board had found him unfit for duty and recommended him for an ordinary disability pension, and immediately before criminal charges pending against him in Vermont were dismissed, does not suffice to show that the termination was undertaken in bad faith with a view toward frustrating petitioner's pension application. Petitioner after all had two prior suspensions and was arrested twice while on a dismissal probation...

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