IN THE MATTER OF DUNCAN v. KELLY


9 N.Y.3d 1024 (2008)

882 N.E.2d 872

853 N.Y.S.2d 260

In the Matter of MYRON DUNCAN, Appellant, v. RAYMOND W. KELLY, as Police Commissioner of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 15, 2008.


Attorney(s) appearing for the Case

Worth, Longworth & London, LLP, New York City (Howard B. Sterinbach of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Marta Ross of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs. The certified question should not be answered upon the ground that it is unnecessary.

The Police Commissioner has the authority to discharge a probationary police officer for conduct committed while serving as a member of the force (see Administrative Code of City of NY § 14-115). A probationary...

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