IN THE MATTER OF WEIR v. BRATTON


4 A.D.3d 160 (2004)

772 N.Y.S.2d 38

In the Matter of MARK WEIR, Appellant, v. WILLIAM BRATTON, as Police Commissioner of the City of New York, Respondent.

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

February 17, 2004.


Petitioner fails to satisfy his burden of showing that his dismissal while on disciplinary probation was in bad faith (see Matter of Dolcemaschio v City of New York, 180 A.D.2d 573, 575 [1992]; Matter of Prestia v Brown, 191 A.D.2d 224 [1993]). Respondent's claim that petitioner solicited a prostitute is based on its surveillance and questioning of the woman he was seen with. At best, petitioner...

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