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In re Gonzalez

Supreme Court of New York, First Department

February 25, 2014

In re Aldyfrell Gonzalez, Petitioner,
v.
Raymond W. Kelly, etc., et al., Respondents.

Strazzullo Law Firm PC, Brooklyn (Maria Patelis of counsel), for petitioner.

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

Sweeny, J.P., Andrias, Moskowitz, DeGrasse, Gische, JJ.

Determination of respondent Police Commissioner, dated March 26, 2012, which terminated petitioner's employment as a New York City police officer, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Alice Schlesinger, J.], entered September 14, 2012), dismissed, without costs.

Substantial evidence supports the findings that petitioner placed false 911 calls reporting disturbances at a local establishment in retaliation for not being allowed entry while he was off-duty; that he lied when questioned about the incidents; that he contacted other officers involved with the investigation after being ordered not to do so; and that he was discourteous and exhibited unbecoming conduct when he left an obscene and verbally abusive message for his former girlfriend, threatening her with being arrested and issued summonses (see Matter of Purdy v Kreisberg, 47 N.Y.2d 354, 358 [1979]). There exists no basis to disturb the credibility determinations of the Hearing Officer (see Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444 [1987]).

Given the seriousness of the sustained charges, the penalty of termination does not shock our sense of fairness (see Matter of Alvarez v Kelly, 2 A.D.3d 219 [1st Dept 2003]; see also Matter of Hopper v Kelly, 106 A.D.3d 530 [1st Dept 2013]).

We have considered petitioner's remaining arguments and find them unavailing.


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