MATTER OF KUBIAK v. DERENDA

392 CA 16-01307.

150 A.D.3d 1631 (2017)

55 N.Y.S.3d 838

2017 NY Slip Op 03636

In the Matter of DAVID KUBIAK, Appellant, v. DANIEL DERENDA, Chief of Police, City of Buffalo Police Department, et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided May 5, 2017.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondents discharged petitioner, a Buffalo police officer, before petitioner's 18-month probationary period expired. Petitioner sought arbitration of his discharge and, after the arbitrator upheld the discharge, he commenced this CPLR article 78 proceeding. He contended that respondents' decision to terminate his employment "was arbitrary, capricious and done...

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